Solis

People v. Solis

Good Law
13 Cal. Rptr. 813·193 Cal. App. 2d 68·1961 Cal. App. LEXIS 1669
Court of Appeal of CaliforniaJune 13, 1961Crim. No. 7503California4,441 words

Opinion

Lead Opinion

Ford, J.

The appellant was charged with the crime of possession of marijuana in violation of section 11530 of the Health and Safety Code. In a trial by jury, he was found guilty. He appeals from the judgment and from the order denying his motion for a new trial.

The appellant asserts that his conviction cannot stand because there were three prejudicial errors committed in the course of the trial. He contends: 1. A probation officer should not have been permitted to relate a conversation he had with the appellant. 2. Evidence of other acts of the appellant *70 should not have been admitted under the guise of showing knowledge on his part of the nature of marijuana, since lack of such knowledge was not claimed by him. 3. The People had no right to call the appellant’s wife as a witness and thereby force him to assert a claim of privilege before the jury, when the district attorney knew in advance that such claim of privilege would be made.

With respect to the second and third contentions, it is to be noted that before a jury was impanelled, counsel for the appellant stated in chambers in the presence of the deputy district attorney as follows: “Mb. Long [court-appointed counsel for the…

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