People v. Gonzales

The defendant was found guilty of grand larceny in the theft of a Chevrolet automobile of the value of five hundred dollars, and appeals from the judgment.

At the trial the arresting officer testified that he took from the person of the defendant at the time of his arrest a pistol, a policeman’s billy, a flashlight and a black silk sock with the foot cut off. These articles were admitted in evidence without any objection on the part of the defendant. Over the objection of the defendant, however, the officer further testified that the silk sock was an instrument of crime and was used as a mask by yeggmen and stick-up men. He demonstrated to the jury the manner in.which the sock was used as a mask, by drawing it over his head, covering his face and eyes. As thus drawn over his head, it concealed his features, but at the same time did not obscure his vision, but permitted him to look through it and see objects in the courtroom. It is contended by defendant that this testimony was irrelevant as to any issue in the case, and that its introduction greatly prejudiced the defendant in the eyes of the jury. The testimony of the officer as to the purpose to which the black silk cloth could…