Puppilo

The defendant, Mike Puppilo, was charged in an information filed by the district attorney of Los Angeles County, in each of two counts with a violation of section 2 of the so-called “Gun Law,” being an act of the legislature adopted in 1923 (Act 1970, p. 662, Deering’s Gen. Laws 1923). The portion of the section material to our discussion reads as follows:

The charging portions of the information read as follows:

The jury returned a verdict of “guilty” as to the charge in count I and “not guilty” as to the charge in count II.

Appealing from the judgment of conviction and the order denying his motion for a new trial, defendant and appel lant urges several grounds for reversal. Inasmuch as we have arrived at the conclusion that the judgment must be reversed for the reason that the evidence discloses that but one offense was committed, and the verdict of “not guilty” rendered as to count II acquitted the defendant of that offense, we will limit our résumé of the evidence to such as may seem necessary to the discussion of this point.

On behalf of the prosecution, a police officer by the name of E. L. James testified that on the twenty-fourth day of July, 1928, he, together with…