Kreiling

Appellant appeals from a judgment convicting him of violating section 591 of the Penal Code. The information charged appellant with maliciously obstructing and tampering with the telephone and telephone apparatus connected with the telephone lines of General Telephone Company on August 13, 1966, and with the conviction of three prior felonies. On the People’s motion the words of the information “and tamper with’’ the telephone and telephone apparatus were stricken. Appellant pleaded not guilty and admitted the prior felonies. Appellant’s motion to dismiss the information on the ground that the court lacked jurisdiction because the facts showed, if anything, a violation of section 502.7 of the. Penal Code, a misdemeanor, was denied. The jury found the appellant guilty as charged. Probation was denied, appellant’s motion for a new trial was denied, and appellant was sentenced to state prison for the term prescribed by law.

Appellant contends: (1) Defendant could not be prosecuted for violating section 591 of the Penal Code, a general felony statute, because the offense with which he was charged was controlled solely by section 502.7 of the Penal Code, a special misdemeanor statute;…