Freytas

The defendants were charged by indictment as follows: “Manuel Fbeytas, Jose Serbano, and Louis Doe, whose true name is unknown to the Grand Jury are accused by the Grand Jury of the City and County of San Francisco, State of California, by this indictment, of the crime of felony, to wit: Violation of Section 11714 oe the Health and Safety Code of Califobnia, committed as follows: The said Manuel Fbeytas, Jose Serbano, and Louis Doe, whose true name is unknown to the Grand Jury on or about the 4th day of August, 1956, at the City and County of San Francisco, State of California, did unlawfully sell, furnish and give away, and did offer to sell, furnish and give a narcotic to Barbara Garcia, a minor. Dated August 20,1956. ’ ’ Louis Doe was never apprehended. After entering pleas of not guilty the defendants were tried together before a jury *709 which found them guilty as charged. Defendant Jose Serrano was committed to the Youth Authority; he appeals from the judgment and order denying his motion for a new trial, contending that the verdict is not supported by the evidence and that the trial court erred in its refusal to give certain instructions. Defendant Manuel Freytas was…

I concur. However, as applied to the facts of this case, I cannot agree with some of the sweepingly general language of the main opinion in considering the application of the exception to the general rule that evidence of other crimes is not admissible against a defendant in the trial of a criminal case. No rule is better settled than the one that proof of other crimes is generally not admissible. The exception is applied only when the evidence of other crimes tends to prove a material facts in the trial of the particular case. (People v. Peete, 28 Cal.2d 306, 315 [ 169 P.2d 924 ].) If the exception is too loosely or generally applied without the materiality of the evidence of other crimes to prove a material fact in the particular case being actually established the time may well *721 come when the exception will for all practical purposes swallow up the rule.

As I read the main opinion it relies on two branches of the exception: 1. that evidence of other similar crimes committed in a particular or distinctive manner may be proved to establish a common plan, design or system and 2. that evidence of other crimes may be admitted to prove guilty knowledge and intent.

I cannot…

The defendants were charged by indictment as follows: "Manuel Freytas, Jose Serrano, and Louis Doe, whose true name is unknown to the Grand Jury are accused by the Grand Jury of the City and County of San Francisco, State of California, by this indictment, of the crime of felony, to wit: Violation of Section 11714 of the Health and Safety Code of California, committed as follows: The said Manuel Freytas, Jose Serrano, and Louis Doe, whose true name is unknown to the Grand Jury on or about the 4th day of August, 1956, at the City and County of San Francisco, State of California, did unlawfully sell, furnish and give away, and did offer to sell, furnish and give a narcotic to Barbara Garcia, a minor. Dated August 20, 1956." Louis Doe was never apprehended. After entering pleas of not guilty the defendants were tried together before a jury which found them guilty as charged. Defendant Jose Serrano was committed to the Youth Authority; he appeals from the judgment and order denying his motion for a new trial, contending that the verdict is not supported by the evidence and that the trial court erred in its refusal to give certain instructions. Defendant Manuel Freytas…