Buchanan

People v. Buchanan

Caution
1 Cal. Sup. 2·106 Cal. App. 765·288 P. 50
Court of Appeal of CaliforniaNovember 9, 1929Docket Nos. 114, 115, 77.California1,196 words

Opinion

Lead Opinion

Bishop, J.

In the above-entitled cases the defendants respectively received sentences imposing fines or imprisonment for the possession of intoxicating liquors, and also were sentenced for either the sale or transportation of the same liquor under circumstances which they make the basis of their claim that they are being doubly punished for one offense.

In the Buchanan case the evidence shows that the defendant drove into the garage on the place of his residence and he was seen there, after an interval, with a brown box in his hands. Shortly thereafter he drove away and was arrested, a box similar in size and color to that which he was seen to have had in the garage being in his automobile, containing two one-gallon bottles of contraband liquor. As already noted, defendant was found guilty of both possession and transportation.

In the Kozinsky case the defendant was' observed to drive his automobile up alongside of a parked ear. He opened the door of his car and a sack was transferred by the driver of the parked car from the defendant’s car to his own. The defendant was thereupon arrested and it was found that the sack contained prohibited liquor. He was fined both for possession and for…

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