Jones

People v. Jones

Good Law
1971 Cal. App. LEXIS 1166·20 Cal. App. 3d 201·97 Cal. Rptr. 492
Court of Appeal of CaliforniaSeptember 22, 1971Crim. 19243California3,422 words

Opinion

Opinion

Herndon, J.

Appellant was charged with possession of a restricted dangerous drug in the nature of a barbituric acid, to wit, sodium secobarbital, also known as seconal. Pursuant to the stipulation of counsel, and with the express approval of appellant, the cause was submitted upon the evidence received at the hearing on appellant’s motion to suppress evidence and upon the testimony contained in the transcript of the preliminary hearing.

Appellant’s Contentions

On this appeal from the judgment of conviction appellant contends that a stomach lavage performed by a physician to whom he was taken following his ingestion of a number of capsules containing barbituric acid was a brutal and shocking procedure which denied him due process of law and which constituted an unreasonable search and seizure and a violation of his privilege against self-incrimination.

Our review has led to the conclusion that appellant’s contentions are devoid of merit. The testimony of the doctor who performed the stomach lavage provides convincing proof that the procedure followed was dictated by well founded medical opinion that there was a danger that appellant had ingested a lethal overdose of barbiturates.…

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