Ruiz

-Defendant was prosecuted by information for the crime of felony. It contained two counts. The first charged him with unlawfully carrying upon his person a dirk or dagger, in that at the time and place stated he carried concealed upon his person a dirk; the second count charged that he was carrying concealed upon his person at the same time and place a dagger. It is alleged that the second count is a different statement of the offense described in the first count. It was further alleged that prior to the commission of the offense defendant had suffered two prior convictions, one for the crime of forgery, the other for petit larceny. Defendant was convicted upon the second count and sentenced to the state prison. A motion for a new trial was made and denied. This appeal is from the order and judgment. As grounds for reversal it is claimed that the verdict is unsupported by the evidence and that the court erred in the giving and refusing to give certain instructions to the jury. The evidence shows that defendant was placed in custody on the morning of September 2, 1927, by a police officer employed by the Southern Pacific Company as he was carrying a large bundle wrapped in paper.…