Phillips

People v. Phillips

Good Law

10 Cal. App. 3d 488·1970 Cal. App. LEXIS 1858·89 Cal. Rptr. 142

Court of Appeal of CaliforniaAugust 12, 1970Crim. No. 3774California162 words

Lead Opinion

Browngerald, J.

Opinion

Henry C. Phillips possessed a sawed-off shotgun, and was convicted for violating Penal Code, section 12020.

After the gun was taken from Phillips in a cafe tussle the cafe cook, Mildred Malone, asked Phillips why he had come to the cafe with a gun. He answered some people had tried to rob him that night. This answer was admissible as an admission he intended to exercise dominion and control over the weapon (Evid. Code, § 1220).

Testimony Phillips appeared to be reaching for the shotgun’s trigger was properly admitted as factual and within the witness’ personal knowledge (Evid. Code, § 702).

The crime is possessing a sawed-off shotgun, not requiring its *490 criminal use (People v. Stinson, 8 Cal.App.3d 497, 501 [ 87 Cal.Rptr. 537 ]; People v. Wasley, 245 Cal.App.2d 383, 385, 386 [ 53 Cal.Rptr. 877 ]).

Judgment affirmed.

Coughlin, J., and Whelan, J., concurred.

Appellant’s petition for a hearing by the Supreme Court was denied October 9, 1970.