Millum

The defendant was found guilty by a jury of having possession of a preparation of morphine in violation of the State Poison Act, such possession being a felony, as charged in an information filed by the district attorney of Los Angeles County. Defendant filed notice of appeal, “(1) from the verdict of the jury finding defendant guilty of violation of the State Narcotic Act, and (2) from the order of the trial court denying the motion and grounds of defendant for a new trial; and (3) from the judgment made and entered herein, and sentencing this defendant to the State’s Prison at San Quentin as required by law.”

Defendant was convicted upon sufficient evidence, which, however, was denied in many particulars by the defendant himself as well as by several of his witnesses. There was no direct evidence showing entrapment. From some circumstances introduced in evidence, it is argued that such a conclusion might possibly be inferred, but it would not be a logical conclusion to be drawn therefrom. The argument is evidently based on the theory that one witness induced the defendant to go to the home of a colored woman and purchase the drug. There is no such evidence—the evidence showing…