People v. Gee Don Yow

The district attorney filed an information against the defendant charging him with having violated section 8 of an act entitled “An Act to Regulate the Sale of Poisons in the State of California and Providing a Penalty for the Violation Thereof.” (Deering’s Gen. Laws 1923, Act 5994.) The defendant pleaded not guilty and in the trial court a trial was had before the court sitting with a jury. The jury returned a verdict against the defendant, the defendant made a motion for a new trial, the motion was denied, and the defendant appealed from the judgment and order.

In the presentation of its case the prosecution called as witnesses a detective sergeant and two patrolmen, and by their testimony it produced evidence to the effect that in San Francisco at about 11:30 P. M. on the night of the twenty-eighth day of January, 1927, on Jackson Street, a short distance below the northeast comer of Trenton and Jackson, the police officers arrested the defendant; that at that place and immediately after the arrest they searched the defendant; and that in searching him they found between the outside and the lining of his coat, at a point near the middle of the back, a new original package…