The defendant herein is charged with a violation of chapter 339, Statutes 1923 of the State of California (vol. 1, Deering’s Cal. Gen. Laws, Act 1970, p. 864), in that, on or about June 9, 1945, within the city of Los Angeles, he did wilfully and unlawfully carry concealed within a vehicle, which said vehicle was then and there under his control and direction, a certain Colt pistol or revolver that was then and there capable of being concealed upon the person, without having a license to do so, and he not being a peace officer at the time of carrying said firearm in such vehicle. From the judgment of conviction thereof and the order denying a motion for a new trial the defendant appeals.
The evidence discloses that at about 1:30 a.m., of June 9, 1945, two police officers went to the defendant’s hotel
Defendant objected to the introduction into evidence, by the police officer, of the following statement attributed to defendant as having been made by him at the time the revolver was found: “he ‘had been taken’ or robbed of $2000 and that he was looking for the man who did it.” The objection was based mainly upon the claimed lack of proof of the corpus delicti as prohibiting the admissibility of extrajudicial confessions or admissions of a defendant. It is now well settled that slight or prima facie evidence is all that is necessary to prove the corpus delicti (People v. Horshaw (1945),
Section 5 of the act provides, in part: “(I)t shall be unlawful for any person within this state to carry concealed upon his person or within any vehicle which is under his control or direction any pistol, revolver or other firearm capable of being concealed upon the person without having a license to carry such firearm as hereinafter provided in section eight hereof.” An automobile is included in this section as being a vehicle within which such a concealed weapon may not be carried. (People v. Frost (1932), 125 Cal.App. Supp. 794 [
Webster’s New International Dictionary, second edition, defines the word “carry,” in one sense, to mean: “To have upon or about one’s person; hold. To hold or bear; to bear. To act as a bearer.” Used in the active transitive sense, the word “carry” has been said to connote transportation (13 C.J.S. 1763), but when used in the general sense of.carrying arms or carrying weapons the word means “going armed, wearing weapons.” (13 C.J.S. 1765; 10 C.J. 1243.)
Several cases from other states have construed the word “carry” in connection with statutes making it a crime to carry concealed weapons on or about the person. The early case of Owen v. State (1858),
The Supreme Court of Ohio in the case of State v. Nieto (1920),
Under the California act here before us, the Legislature has seen fit to extend the prohibition of carrying any concealed weapon of the designated class to “within any vehicle” as well as “upon his person.” We see no reason why the same general interpretation of the meaning of the word “carry” as applied to the person should not equally apply to a vehicle. By including vehicles in the manner and place as contained in such act, the Legislature must have intended to likewise make it unlawful for any person to bear or hold about such vehicle any concealed weapon of the designated class in any way or fashion so connected with such vehicle that the locomotion of it would carry with it the weapon as concealed. (Thomas v. State, supra.)
We are not dissuaded from this conclusion by the case of In re Bergen (1923),
The trial court was also entitled to infer from defendant’s own testimony to the effect that the parking lot accommodations were furnished him as a part of the services to guests by his hotel, as well as from the fact the car was registered to him as owner and he was possessed of the keys to its locked doors and ignition, that such vehicle had been driven to and parked there by defendant. From these facts, as well as the evidence of the admission by the defendant at the time of the finding of the revolver to the effect that he had been robbed of $2,000 and he was looking for the man who did it, the court was justified in inferring that the weapon belonged to defendant and had been concealed by him in the closed glove compartment of the vehicle, and had been and was then being carried so concealed in such automobile. Such facts and inferences support the conclusion of the trial court in holding the defendant guilty of a violation of the act in question as charged in the complaint.
The judgment and order appealed from are affirmed.
Shaw, P. J., and Bishop, J., concurred.
