Bertolani

This is an appeal by the plaintiff, the People of the State of California, from an order sustaining a demurrer to an information filed against defendant by the district attorney of Fresno County, charging him with the crime of felony, to wit, possession by an alien of a firearm capable of being, concealed upon the person.

The charging part of the information reads as follows: “The said L. Bertolani on or about the 22d day of September, 1923, at and in the said county of Fresno and state of California, and prior to the filing of this information, being then and there an unnaturalized foreign-bom person, did willfully, unlawfully and feloniously then and there have in his possession, under his control, a certain fire-arm, to-wit, a pistol, capable of being concealed upon the person.” This information was premised and drawn under and in accordance with the provisions of section 2 of chapter 339 of the Statutes of 1923, approved June 13, 1923, and which went into effect on the seventeenth day of August, 1923. Section 21 of said act reads as follows: “On and after the date upon which this act takes effect, no unnaturalized foreign-bom person and no person who has been convicted of a…