People v. Delph

Opinion

STEPHENS, J.

This is an appeal from a judgment of conviction of violation of section 148.1, subdivision (a), of the Penal Code, making a false bomb report. The appeal is based upon appellant’s contentions that the court erred in failing to recognize the marital communication privilege and that there is not substantial evidence to support his conviction.

On July 4, 1977, a call was received by a supervisor at the Pacific Telephone Company, Joanne Swallon. The caller said that he was calling the F.B.I., and Ms. Swallon asked the caller to hold the line while she connected him with the…