Martin

People v. Martin

Good Law
1966 Cal. App. LEXIS 979·247 Cal. App. 2d 416·55 Cal. Rptr. 629
Court of Appeal of CaliforniaDecember 21, 1966Crim. 5406California2,087 words

Opinion

Opinion

Taylor, J.

Appellant, George H. Martin, and his co-defendant, McKinley Lomack, were jointly charged by information with possession of heroin (Health & Saf. Code, § 11500) and possession of heroin for sale (Health & Saf. Code, § 11500.5). A joint jury trial resulted in verdicts of guilty as charged. On this appeal from the judgment of conviction entered on the verdict, appellant argues that the court erred in allowing the prosecution to impeach Lomack by an oral statement obtained in violation of Lomack’s rights under Escobedo v. Illinois, 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ], and People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], as well as in permitting certain cross-examination of appellant, and in the admission of expert testimony.

As no contentions are raised concerning the sufficiency of the evidence to support the judgment of conviction, a brief summary of the pertinent facts will suffice. About 11 a.m. on November 13, 1964, several officers of the Oakland Police Department, and Agent Woishnis of the State Bureau of Narcotics Enforcement, began a surveillance of appellant’s residence in Oakland, and noted a white Ford Mustang parked in the area. About…

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