Opinion
Docket No. 992.
September 1, 1927.
APPEAL from an order of the Superior Court of Merced County and from an order denying a new trial. E.N. Rector, Judge. Affirmed.
The facts are stated in the opinion of the court.
Edward Bickmore and Andrew R. Schottky for Appellant.
U.S. Webb, Attorney-General, and J. Charles Jones, Deputy Attorney-General, for Respondent.
MEMORANDUM CASE.
THE COURT.
The indictment charged that the defendant, being an unnaturalized foreign-born person, had possession of a pistol capable of being concealed upon his person. He was convicted and his motion for a new trial was denied. This appeal is from the judgment and the order denying a new trial. [1] The state of the evidence and the grounds urged for a reversal are the same as upon which a reversal was had in People v. Quarez, 196 Cal. 404 [ 238 P. 363].
On the authority of that case the judgment and the order are reversed.