McCloskey

The defendant was charged with the crime of having “in his possession and under his control a certain firearm, to-wit: a revolver capable of being concealed upon the person, he, the said John McCloskey having been convicted of a felony against the property of another, to-wit: burglary in the second degree.” He was convicted and sentenced to imprisonment in the state prison. This appeal is from the judgment of conviction and the order denying his motion for a new trial.

The evidence shows that the defendant was the owner of the revolver and that, at the time of his arrest, he was carrying it in the pocket of the right-hand door of an automobile owned and then being driven by him. Three cartridges fitting the revolver were in the same pocket. He admitted that he had been convicted of the alleged burglary.

Section 2 of the act under which the defendant was prosecuted, in so far as applicable to the questions here presented, provides: “No person who has been convicted of a felony against the person or property of another . . . shall own or have in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person.”…