Hurst

Defendant was charged with the offenses of possession of a firearm after having been convicted of a felony, viz., a violation of Penal Code, section 12021, and possession of a tear gas cartridge, viz., a violation of Penal Code, section 12420; waived trial by jury; was found not guilty of *91 the former offense upon failure of proof of conviction of a prior felony; was convicted of the latter offense; and appeals.

The contentions on appeal are; (1) The court erred in admitting in evidence two tear gas cartridges which were the subject of the offense charged, because they were the product of an illegal search and seizure; (2) the court erred in admitting the testimony of an expert respecting the contents of the cartridges, because of lack of qualifications; and (3) the evidence was insufficient to sustain the conviction, because it did not establish defendant had knowledge the cartridges contained tear gas.

The two cartridges were the product of a search of defendant’s home, without a warrant, when he was arrested, without a warrant, for the offense of arson. Defendant contends the search and seizure were illegal because his arrest was without probable cause, and the search was…