Label
People v. Label
Opinion
Opinion
Good, J.
A jury found appellant guilty of violating section 11912 (now 11352) of the Health and Safety Code (unlawful administration of a restricted dangerous drug). Judgment entered, he was sentenced to prison for the term prescribed by law. He appealed.
The charge arose out of the following facts:
Rebecca Rickel (18 years of age) was arrested on November 6, 1972 for possession of dangerous drugs (barbiturates (“yellows”) and codeine). While in custody, she apparently adopted a cooperative attitude and wrote a statement of her activities during the weekend preceding her arrest. She also responded to interrogation by several officers and her statements were taken down in shorthand. She executed an affidavit that was either written by her or prepared by the sheriff’s office from the information secured at the interrogation. The affidavit, dated November 10, alleged that appellant had given her an intravenous injection of barbiturates on November 4 at a cabin at Lakecrest Cottages, Clear Lake Park, that was rented by appellant and one David Johnson (a codefendant who apparently entered a negotiated plea to secure a sentence concurrent with one still outstanding in Oregon). This…