Stump

Count VIII of an information filed January 10, 1968 charged appellant Stump, Patricia A. Bowers and Melvin N. Richards with possession on December 15, 1967 of heroin, a felony, in violation of Health and Safety Code section 11500. Each defendant moved to set aside count VIII of the information, pursuant to Penal Code section 995, and the motions were granted. Bowers was required to plead to other counts in the information and her case therefore was severed from that of appellant and Richards. The People appealed from the order of dismissal as to Richards and appellant; this court reversed and, on remand, Stump and Richards were rearraigned, pleading “not guilty.” Their jury trial began September 29, 1969, and concluded October 1st with verdicts of “guilty.” Both defendants appealed. Richards died while his appeal was pending so that Frederick C. Stump is now sole appellant. He makes two basic contentions.

1 Did the Trial Court Erroneously Deny Appellants Motion to Grant a Continuance and to Sever His Trial from that of Richards?

As already noted, the case was sent out for trial on September 29, 1969. Prosecution witnesses Holmes and Iavelli testified on September 30th,…