Ghysels

People v. Ghysels

Good Law
1927 Cal. App. LEXIS 791·81 Cal. App. 122·252 P. 1067
Court of Appeal of CaliforniaJanuary 28, 1927Docket No. 1419.California834 words

Opinion

Lead Opinion

York, J.

The defendant was convicted of the unlawful possession of intoxicating liquor, and in the information was also charged with two prior convictions of possession of intoxicating liquor.

As to the prior convictions, the defendant on the day of trial stated that he had been convicted as charged, but plead not guilty as to possession of intoxicating liquor. The defendant’s claim was that the liquor was discovered by him near a drainage ditch on his property when he was cutting hay. He admits that he took possession of a gallon jar of the same, but claims that he brought it to his house merely to exhibit to the witness Butler, who had asked him for something to drink as he was “going fishing.” There is no direct evidence that defendant offered the liquor for sale. He stated that he brought it to the house intending to turn it over to the officers of the law at a later date. However, he was intercepted by an officer before any delivery was made to witness Butler.

The principal points presented by appellant relate to rulings of the court excluding questions asked by appellant on cross-examination of witnesses, and on direct examination of defendant’s witness Butler. The objections to…

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