Mosely

People v. Mosely

Good Law
164 Cal. App. 2d 829·1958 Cal. App. LEXIS 1688·331 P.2d 65
Court of Appeal of CaliforniaNovember 7, 1958Crim. No. 3470California1,348 words

Opinion

Lead Opinion

Bray, J.

Defendant was convicted by a jury of violation of section 11500, Health and Safety Code (selling heroin). He appeals from the judgment. *

Questions Presented

1. Sufficiency of the evidence of identification.

2. Should the court of its own motion have continued the ease to enable defendant to call a witness without any indication that defendant desired to do so ?

3. Was defendant restricted in cross-examination of a witness ?

4. Was defendant inadequately represented by counsel of his own choosing?

Facts

James Shepherd, a Hayward police officer, was working for the State Bureau of Narcotics as a volunteer undercover agent. Shortly after midnight he was standing in front of the De Luxe Bar in San Francisco conversing with two persons. One was Frank Allen, whom he knew. The other was John Keeys, who was also employed as an undercover agent by the bureau. Neither Shepherd nor Keeys knew that the other was an agent. Keeys was carrying a bongo drum. Shepherd saw defendant walking along the sidewalk and *831 nodded to Mm. Defendant beckoned to Shepherd and Allen who then joined him. As the three walked along defendant asked the two if they had been talking to the man with the…

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