Wallace

People v. Wallace

Good Law
18 Cal. Rptr. 917·1962 Cal. App. LEXIS 2883·199 Cal. App. 2d 678
Court of Appeal of CaliforniaJanuary 31, 1962Crim. 3914California1,174 words

Opinion

Opinion

Draper, J.

Found guilty by a jury of separate counts of sale (Health & Saf. Code, § 11531) and possession (Health & Saf. Code, § 11530) of marijuana, defendant was sentenced to concurrent prison terms. He appeals from the judgment.

A police informer sought to purchase marijuana from defendant, who said he had none. Another police informer joined them, and renewed the request. The informers testified that defendant went with them in their car, directed them to a point where they saw two persons of Spanish appearance, from whom defendant sought marijuana. By arrangement then made, defendant and the informers returned to the same location a few minutes later. Defendant took money from one informer, handed it to one of the two Spaniards, and received a bundle of marijuana cigarettes which he handed to one of the informers. One informer testified that defendant then said “You should give me one,” and the Spaniard dropped one marijuana cigarette into defendant’s lap. The informers and defendant then drove to the home of one informer, where they smoked marijuana. The informers both testified that defendant there produced and smoked a cigarette other than those he had furnished to them. Defendant…

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