Egan

Defendant was charged with and convicted of a violation of Penal Code section 12021 (possession of a concealed weapon by a convicted felon), and was sentenced to the state prison for the term prescribed by law. He appeals from the final judgment.

The sole issue is the legality or illegality of the search of defendant’s personal property, a small kit bag. This search produced the gun which was the basis of the charge. The objection to the admission into evidence of the product of the search was duly made and overruled.

On September 24, 1965, defendant Egan resided with his mother and stepfather, Mr. and Mrs. Waddingham. Egan occupied one room of a condominium apartment which the Waddinghams were in the process of purchasing. No rent or other remuneration was paid by Egan for his occupancy.

During the evening of the 24th, Egan received a phone call from one Brady. Thereupon Egan requested and obtained the use of a vehicle which was owned and registered to Wadding-ham. Egan drove to Brady’s hotel room, where he met Brady and one Carol, who was unconscious. Carol was in need of hospitalization, hence Egan and Brady determined to take her there in the Waddingham car. In transit,…