Pedercine

The appeal is from a judgment following a conviction for two counts of violation of Business and Professions Code, section 4390 (passing fictitious prescriptions).

There are three contentions: (1) Unlawful search and seizure; (2) spurious methods by the police in the use of photographs to bolster testimonial identification of defendant; and (3) insufficient evidence to support the verdict. Contention (1) is insubstantial. Contention (2) is correct, but we will explain why prejudicial error does not always flow from the police practice complained of and why it did not here. Contention (3) is not only frivolous, in addition, proof of guilt by evidence unquestionably admissible was so firmly established we must say there was no miscarriage of justice. (Cal. Const., art. VI, § 13.) To establish the latter point we discuss the evidence in some detail.

On September 16, 1966, defendant first visited Kenneth Johnson, a Sacramento physician. She called as a patient with a weight problem. She gave her name as Mrs. Yvonne Marvich. After examination the doctor prescribed Preludin, a drug described by Dr. Johnson as one which curbs appetite. It is also regarded, and the tablets are sometimes…