Donovan

People v. Donovan

Caution
272 Cal. App. 2d 413
Court of Appeal of CaliforniaApril 29, 1969Crim. 11397; Crim. 12123California3,864 words

Opinion

Opinion

Herndon, J.

Defendants Michael and Esther Donovan appeal from the judgments entered against them following a jury trial that resulted in their conviction of the crime of possessing heroin in violation of section 11500 of the Health and Safety Code. Appellants’ contentions are so numerous, despite the basic simplicity of the essential legal and factual issues presented in the trial of this case, that it is impractical to set them forth as separate assignments of error. We shall therefore discuss and dispose of them, seriatim, following a statement of the factual background relevant to the particular issues to be considered.

For purposes of passing on appellants’ objection to the introduction of evidence seized at the time of appellants’ arrest, the trial court accepted as true certain facts presented by way of an offer of proof by appellants. These included an arrest by State Bureau of Narcotics’ officers on October 13, 1964, of one Leslie Clendenon on a charge of uttering forged prescriptions for a narcotic. During Clendenon’s examination following his arrest, the following questions and answers were reported:

After two other brief questions, Clendenon stated that the prescriptions were…

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