The PEOPLE of the State of California, Plaintiff and Respondent, v. Henry Cleveland PHILLIPS, Defendant and Appellant.
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 s 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 s 702).
The crime is possessing a sawed-off shotgun, not requiring its 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).
GERALD BROWN, Presiding Justice.
COUGHLIN and WHELAN, JJ., concur.