Purta

People v. Purta

Good Law
1968 Cal. App. LEXIS 1946·259 Cal. App. 2d 71·66 Cal. Rptr. 38
Court of Appeal of CaliforniaFebruary 16, 1968Crim. 6321California1,500 words

Opinion

Opinion

Molinari, J.

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of possession of a sharp instrument while confined at a state prison. (Pen. Code, § 4502.) Defendant contends, first, that the court erred in excluding defendant’s testimony as to the reasons for his possession of the instrument; and second, that the judge was so biased as to deny defendant his right to a fair ruling on the foregoing evidence. We conclude that neither contention has merit.

On October 30, 1966, defendant was an inmate of Soledad State Prison. On that day Correctional Officer Cole found defendant sitting at a card table with one Winkler and brought both inmates to the sally port area of the prison in order to search them. Correctional Sergeant Bowden told them to empty their pockets, whereupon defendant started backing off into a corner. Defendant had his hands in his pockets; Cole kept demanding that he submit to a search, and finally placed his hands on defendant’s wrists. Defendant then took out of his pocket the sharp instrument and handed it to Cole.

Defendant admitted possession of the weapon and testified that it was thrown at him while he was returning from a…

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