Con curb in g and Dissenting Opinion by
Mr. Chief Justice Bell:I would reverse the conviction of Townsend for possession of a firearm after a conviction of a crime of violence.
Although our Cities and States are confronted by an alarming crime wave which is nationwide and constantly increasing, recent decisions of the Supreme Court of the United States have extended almost unbelievably the rights of criminals. A majority of that Court believes that these newly discovered rights are created and protected by the Constitution. One of the principal results of these decisions, which are not only literally followed but at times extended by a majority of this Court, is the astonishing lack of protection of the public against criminals. It is high time that this trend is stopped and all Judges and all Courts return to the realm of reality and weight the scales of Justice evenly for law-abiding citizens and criminals alike.
Three persons were in the car, one of whom was. Townsend, another was Giambi, who was driving the car, and the other was Miller, who was seated in the back seat. When Miller got jut of the ear a gun fell *288to the ground. He picked up the gun and threw it back onto the back seat of the car. When the police who were at the scene immediately searched the car, they found this gun and a .22 Derringer gun which was partially concealed under the front seat on Townsend’s side. The police subsequently found a shotgun under the hood.
Townsend was tried jointly with Giambi; neither testified, nor was any evidence presented in their behalf. It is undisputed, I repeat, that Townsend was in the car, which contained in addition to himself, the driver Giambi and Miller and three guns, one in the back seat and one in the front seat on the passenger side.
Does Townsend have to be caught with a gun in his hand or his finger on the trigger?
Under all the facts and circumstances in this particular case, it is incomprehensible to me how naive and unrealistic a majority of this Court can be about Townsend’s guilt. I would affirm the conviction and judgment of sentence in the case in which Townsend was convicted of and sentenced for possession of a firearm without a license.