McFarlan

The appellant was convicted of a violation of the provisions of section 2 of an act of the legislature approved June 13, 1923, commonly known as the “Firearms Act”. (Stats. 1923, p. 695.) The charging part of the information is as follows: “The District Attorney of the Cbunty of Fresno hereby accuses Robert Roy McFarlan of a felony to-wit: Possession by an exconvict of a firearm capable of being concealed upon the person, in that on or about the 27th day of May, 1932, in the County of Fresno, State of California, he had in his possession and under his custody and control a firearm having a barrel less than twelve inches in length, to-wit: a revolver; he, the said defendant, being then and there a person who had previously been convicted of a felony against the person and property of another.”

In addition to the foregoing allegation in the information appellant is further charged with three prior convictions, namely, petit larceny, for which it is alleged he served a term in a state reformatory in the state of Indiana; burglary and embezzlement, for each of which he is alleged to have served terms in state prisons in California.

After being arraigned the appellant pleaded not…