Brown

People v. Brown

Caution
1965 Cal. App. LEXIS 1215·238 Cal. App. 2d 924·48 Cal. Rptr. 204
Court of Appeal of CaliforniaDecember 21, 1965Crim. 2313California2,030 words

Opinion

Opinion

Coughlin, J.

Defendant was charged with possession of marijuana; tried by the court without a jury; found guilty; and placed on probation. He appeals from the conviction seeking reversal upon the grounds (1) the court erred in admitting evidence allegedly obtained as the result of an unlawful search; (2) the admission of an incriminating statement by defendant violated the rule in People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ] ; and (3) the evidence is not sufficient to support the judgment.

On the night of August 15,1964, a police officer went to a residence in response to a complaint relating a family disturbance; upon arrival was met by the defendant’s wife, who invited him into the residence, and was told by her that defendant had kicked in the front door, had taken one of their children, and had said that if she wanted to see the child alive she should meet him at a particular intersection. Before the officer departed, defendant’s wife told him her husband had some marijuana seeds he intended to sow; started looking for them; located a suitcase in one of the bedrooms from which she removed a package containing marijuana seeds; and gave the package to the officer,…

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