People v. Marcus

This is an appeal by defendant from a judgment of conviction entered pursuant to the verdict of the jury finding him guilty of violation of section 4502 of the Penal Code in that on the date specified, while a prisoner at Folsom State Prison, he had in his possession a knife, contrary to the provisions of said statute. His motion for a new trial was denied and he now appeals from that order as well as the judgment.

His sole contention on appeal is that the verdict is contrary to the law and the evidence for the reason that by his acknowledged possession of the knife he was seeking to…