Mackie

Appellant herein appeals from a judgment of conviction of possession of a dangerous weapon by a previously convicted felon.

In an information filed in Los Angeles on February 23, 1967, Harold Mackie with codefendant Earl Hamilton was charged in count 1 with the burglary of a sportswear business on or about January 14 to January 16, 1967; in count 2 with codefendants Willie Brown and Hamilton with the burglary of a typewriter and business machine company on January 19, 1967; in count 3 with receiving stolen property between January 14, 1967, and January 20, 1967; and in count 4 he was charged with a violation of the dangerous weapons’ control law (Pen. Code, § 12021) in that on January 20, 1967, he did have in his possession and under his control an automatic pistol when he, Mackie, had heretofore been duly convicted of burglary on or about August 17, 1962, in Los Angeles. Mackie pleaded not guilty to each count. Hamilton pleaded nolo contendere to count 1. By stipulation the cause as to Mackie was submitted upon the transcript of the proceedings had at the preliminary hearing, each side reserving the right to offer additional evidence. Brown was found guilty of burglary, and an…