Anushevitz

In an information defendant was charged with possession of a blackjack, in violation of Penal Code, section 12020. It also alleged that defendant had suffered two prior felony convictions. Defendant admitted the prior convictions and, after a jury trial, was found guilty of the offense charged and sentenced to imprisonment in the state prison for the term prescribed by law.

The evidence adduced at the trial disclosed that on December 26, 1959, Officer Foster of the California Highway Patrol received a radio message from the Barstow dispatcher stating that the Yermo Agricultural Station had called the dispatcher and informed him that a 1954 Chevrolet, black and white in color, and with Kentucky license plates, had just passed through the station. The message described the occupants of the car and said that there was no registration displayed on the vehicle and it carried no luggage or spare tire although the occupants said they came from Kentucky. The officer was instructed to stop the ear and check it out.

Acting upon this information, the officer stopped the vehicle three miles east of Barstow on United States Highway 91. The automobile was being driven by a Billy Dungan and…