People v. Le Baron

Good Law
1928 Cal. App. LEXIS 897·92 Cal. App. 550·268 P. 651
Court of Appeal of CaliforniaJune 15, 1928Docket No. 1018.California7,620 words

Opinion

Lead Opinion

Hart, J.

By an information filed in the superior court of Merced County by the district attorney thereof the defendant was charged with violating the provisions of the “State Poisons Act,” so called. (Stats. 1907, p. 124, as amended by the legislature of 1925— Stats. 1925, p. 137.)

The information, in two separate counts, accuses the defendant of the commission of two different offenses under said act, to wit: 1. Having in her possession cocaine, a poisonous drug; 2. Having in her possession morphine, also a poisonous drug.

The trial of the defendant upon said charges resulted in her conviction by the jury of each of said offenses. She made and urged a motion for a new trial, which was denied. This appeal is prosecuted by her from the judgment of conviction and the order denying her motion for a new trial.

The points presented and vigorously pressed for a reversal are: 1. That the testimony relied upon by the -People for a conviction-—in fact, the only testimony, as is the claim, tending to support the allegations of the information was that of an accomplice of the accused in the alleged commission of the crimes charged, and that such accomplice’s testimony was not corroborated by…

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