People v. Rogers

It is provided by statute that “Every person who within the State of California . . . possesses any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag or metal knuckles . . . shall be guilty of- a felony. ...” (Stats. 1923, p. 695; Deering’s General Laws (1925-1927 Supp.), Act 1970.) The foregoing quotation, which is from section 1 of the act as amended by Statutes of 1925, page 542, specifies certain exceptions of police and other officers from the operation of the act, in relation to the carrying of a wooden club, baton or other authorized equipment. The defendant having been convicted of a violation of this act, appeals from the judgment and from an order denying his motion for a new trial.

Appellant contends that said section 1 is unconstitutional in that it provides for deprivation of property without due process of law. He claims that by making mere possession a felony it is attempted to make it unlawful to possess one of the described articles even as part of a collection of curios. He suggests the further point that the section is unconstitutional in so far as it attempts to prohibit the importation of the enumerated…