Ross

Defendant, who had previously been convicted of a felony, was charged by information filed in the superior court of Tulare County with carrying a pistol concealed upon his person, in violation of section 3 of the act of 1917, which reads: “Every person who candes in any city, city and county, town or municipal corporation of this state any pistol, revolver or other firearm concealed upon his person, without having a license to carry such firearm as hereinafter provided in section six of this act, shall be guilty of a misdemeanor, and if he has been convicted previously of any felony, or of any crime made punishable by this act, he is guilty of a felony.” Having been found guilty as charged in the information, defendant is now before this court on his appeal from the judgment.

The principal point relied on for a reversal is that the evidence is insufficient to justify the verdict. It seems that defendant, while standing in a street of the city of Tulare, produced from somewhere a pistol with which he repelled an attack made upon him by a man of the name of Jaynes. While standing beside an automobile belonging to one V. S. Jones, with his right arm, which had been broken, resting…