Cortez

Appellant was charged, by an information filed by the district attorney of Fresno County, with the crime of possession by an unnaturalized foreign-born person of a firearm capable of being concealed about his person. The jury returned a verdict of guilty' and judgment was pronounced upon him. His motion for a new trial was denied. This appeal was taken from the, judgment .and from the order denying the motion for a new trial.

Appellant presents but one ground upon which he urges a reversal of the judgment. Evidence was introduced of the arrest of appellant and the finding of the firearm in his possession. Over his objection the People were permitted to introduce an extrajudicial statement made by him in which he admitted his foreign nativity and that he had not been naturalized. This ruling is complained of by him. He maintains that while section 1983 of the Code of Civil Procedure places upon him the burden of proving, either that he was not a foreign-born person, or that if foreign-born, he was naturalized, this section does not change the rule announced in the case of People v. Quarez, 196 Cal. 404 [ 238 Pac. 363 ], that the extrajudicial statements of a defendant cannot be…