Waller

People v. Waller

Good Law
1968 Cal. App. LEXIS 1835·260 Cal. App. 2d 131·67 Cal. Rptr. 8
Court of Appeal of CaliforniaMarch 18, 1968Crim. 6367California3,500 words

Opinion

Opinion

Sims, J.

—Defendant has appealed from a judgment sentencing him to state prison following a jury verdict which found him guilty of possession of marijuana in violation of section 11530 of the Health and Safety Code. He asserts as error-. (1) that there was a prejudicial use of evidence obtained through an illegal arrest, search and seizure because there was no probable cause for his arrest; (2) that there was a prejudicial use of evidence obtained through an illegal search of the vehicle he was operating because it was searched without a search warrant at a time and place remote from the arrest; (3) that there was a failure to establish a proper foundation for the use of that evidence because of discrepancies in the testimony concerning the chain of possession; (4) that the court improperly permitted the prosecution to cross-examine the defendant regarding’ the details of Lis prior conviction; and (5) that there was no substantial evidence to indicate that defendant had knowledge of the presence of the substance found in the vehicle.

An examination of these contentions in the light of the record and the applicable law fails to reveal any prejudicial error, and the judgment must be…

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