Mike

People v. Mike

Good Law
163 Cal. App. 2d 466·1958 Cal. App. LEXIS 1522·329 P.2d 519
Court of Appeal of CaliforniaSeptember 11, 1958Crim. No. 1371California899 words

Opinion

Opinion

Mussell, J.

Appellant was charged with the wilful, un lawful and felonious possession of the narcotic marijuana in violation of section 11500 of the Health and Safety Code. He admitted two prior felony convictions charged in the information. He was found guilty by a jury of possession of narcotic, to wit, marijuana, and it was adjudged that he be punished by imprisonment in the state’s prison. It is stated in appellant’s notice of appeal that “he will take, appeal in forma pauperis, from the verdict of the Superior Court of San Diego county. ...” No appeal lies from a “verdict.” (People v. Goldstein, 136 Cal.App.2d 778, 793 [ 289 P.2d 581 ].) However, appellant was acting in propria persona and notices of appeal should be liberally construed to permit, if possible, a hearing on the merits. (Collins v. City & County of San Francisco, 112 Cal.App.2d 719, 722 [ 247 P.2d 362 ].) We will, therefore, in the interest of justice, review the merits of defendant’s appeal. (People v. Robinson, 43 Cal.2d 143, 146 [ 271 P.2d 872 ].)

On October 26, 1957, Champion Williams entered a room which he had previously rented to the appellant and found therein, under the seat of a chair, three packages containing…

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