Young

People v. Young

Good Law
12 Cal. App. 3d 878·1970 Cal. App. LEXIS 1674·90 Cal. Rptr. 924
Court of Appeal of CaliforniaNovember 9, 1970Crim. 8411California891 words

Opinion

Opinion

Elkington, J.

Defendant Delvin Young was convicted by jury verdicts of three offenses relating to narcotics and restricted dangerous drugs. Three concurrent county jail sentences were ordered for a maximum of 60 days. He appeals from the judgment.

His first contention is that there was no probable cause for the issuance of a search warrant which turned up the evidence on which he was convicted. The contention has been considered and is found to be without merit.

The affidavit upon which the search warrant was based was that of a peace officer; it was dated May 7, 1969, the same day on which the search warrant was later issued. In it the officer related that on May 7, 1969, a 13-year-old girl, Peggy, had given him the following information. She stated that four days earlier, May 3d, she and her 17-year-old sister went to the premises for which the search warrant was later sought. Upon entering, the sister asked defendant Delvin Young, “Where is the grass?” Young then brought out a plastic bag containing what Peggy “believed to be marijuana.” Young then rolled some of the substance into three “home-made cigarettes” which were thereupon smoked by the sister, Young, and another man,…

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