James

This is an appeal by the People from an order of the superior court of Fresno County sustaining, without leave to amend, a demurrer to an information charging defendant with the commission of a felony.

The charging portion of the information alleged that defendant on the twenty-second day of August, 1923, had in his possession under his custody and control a certain fire arm, to wit, a revolver, capable of being concealed upon his person, and that he, prior to the date named, to wit, on or about the twenty-fourth day of December, 1914, had been convicted of a felony against the person or property of another.

The information was premised upon the provisions of section 2 of chapter 339 of the Statutes of 1923, approved June 13, 1923, page 696, and in effect on the seventeenth day of August of that year. That section reads as follows: “On and after the date on which this act takes effect no unnaturalized foreign-bom person and no person who has been convicted of a felony against the person or property of another or against the government of the United States or of the state of California or of any political subdivision thereof, shall own or have in his possession or under his…