People v. Clark

By amended information defendant was charged in Count I with unauthorized possession of narcotics in a county jail (Pen. Code, § 4573.6); in Count II with possession of narcotics (Health & Saf. Code, § 11500). The case having been submitted on the transcript of the preliminary hearing, he was acquitted of the charge contained in Count I, and found guilty as charged in Count II. Motion for new trial was denied, and defendant was sentenced to the state prison. He appeals from the judgment and order 1 ‘ denying his motion to dismiss. ’ ’

By section 4573.6, as amended in 1949, it is a felony for any person to have in his possession in any of the several custodial institutions therein specified “any narcotics, or drugs in any manner, shape, form, dispenser or container . . . without being authorized to so possess the same by the rules of the Department of Corrections, rules of the prison or jail ... or by the specific authorization of warden, superintendent, jailer or other person in charge of the prison, jail. ...” (Italics added.) The penalty therefor, not being prescribed in the statute, is governed by sections 18 and 18a, Penal Code; they provide for imprisonment in the state…