Shafer

Defendant was convicted of violating section 12020, Penal Code (possession of a blackjack). He has appealed from the judgment and sentence (order granting probation) and from the order denying his motion for a new trial.

The police obtained a search warrant authorizing them to search defendant’s premises, at 210 North Belmont Avenue in Los Angeles, for narcotics. Upon proceeding to that location they observed defendant coming out of the house. He was arrested and shown the search warrant. The premises were searched and the blackjack was found in a box in a kitchen cupboard. On the blackjack was a note which read, “This was brought from the east by Margo, my deceased wife, M. Shafer.” Defendant stated that the blackjack belonged to his wife; that it had been given to her by a police officer from New Jersey for self-protection; that it had been in the cupboard with her personal effects, and that his wife had passed away four or five years ago. The box in which the blackjack was found was very dusty. No narcotics were found in the defendant’s possession.

Defendant did not testify in his own defense. He contends that the search of his premises and his arrest were contrary to…