Velasquez

Defendant was charged with having under his control and in his possession a firearm capable of being concealed upon his person, he being then and there a foreign-born person and not a citizen of the United States. He was found guilty as charged.

The only question involved in this appeal is whether there was any legal evidence produced at the trial tending to prove that the defendant, at the time of the conviction of the offense charged, was an unnaturalized, foreign-born person. In support of the allegation of the information, charging that defendant was a foreign-born person and not a naturalized citizen of the United States, the prosecution called a police officer of the city of Riverside, and over the objection of the defendant asked this officer regarding certain statements made by said defendant, shortly 'after his arrest. The officer testified that the defendant, at the time in question, stated to him and two other police officers that he was born in Mexico and had been in the United States six years. It was further stipulated, without waiving any objection to the admission of this evidence, that the two other officers, if called, would testify in the same manner. The…