People v. Scherbing

Appellant was convicted of a violation of section 4502 of the Penal Code. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

Section 4502 provides that “Every prisoner committed to a State prison who, while at such State prison . . . possesses or carries upon his person . . . any dirk or dagger or sharp instrument, ... is guilty of a felony and shall be punishable by imprisonment in a State prison for a term not less than five (5) years.” The uncontradicted evidence shows that appellant, while an inmate of San Quentin under what purports to be a…