Molton G. Smith v. Walter T. Stone, Chief Division of Adult Paroles of the State of California

Appellant filed suit below alleging a violation of his civil rights. One cause of action rested on Title 42 United States Code Annotated §§ 1985(2) and 1985(3); a second on Title 42 United States Code Annotated § 1983.

Appellant, a State prison parolee, was granted parole on March 8, 1958, after he had served thirty-seven months in State prison, after having been convicted of selling narcotics, to-wit: heroin; a violation of § 11500 of the Health and Safety Code of the State of California. He was charged on the first two counts with sale of heroin on two different occasions, and on the third with possession of the narcotic. He was convicted on Counts I and II; found not guilty on Count III.

In appellant’s complaint he alleged he was never a user of heroin. At the time of his arrest, he stated the “stuff” he had was for his personal úse, according to the record before us. The cloudy liquid found to be heroin and the hypodermic needle, admitted by him to be in his room when the officers arrested him, were alleged to have belonged to a woman who shared the room. Because of appellant’s claim he never had used narcotics, he alleged it was unconstitutional to force him, during his…