Reade

People v. Reade

Good Law
18 Cal. Rptr. 1·1961 Cal. App. LEXIS 2587·198 Cal. App. 2d 633
Court of Appeal of CaliforniaDecember 28, 1961Crim. No. 7492California2,390 words

Opinion

Lead Opinion

Wood, J.

In count 1 of an information defendants Sanchez and Reade were accused of unlawfully possessing heroin. In count 2 Reade was accused of unlawfully selling, furnishing and giving away heroin, and in count 3 he was accused of driving a vehicle on a public highway while addicted to use of narcotic drugs. Reade admitted allegations of the information that he had been convicted previously of three felonies (burglary, grand theft, and violation of narcotic laws).

In a trial by jury, Sanchez was convicted on count 1, and Reade was acquitted on that count. Reade was convicted on counts 2 and 3, and he was sentenced to imprisonment in the state prison. He appeals from the judgment and sentence. His *635 notice of appeal states that he also appeals from “the denial’’ of his motion for a new trial. Since the record does not show that he made a motion for a new trial, his purported appeal therefrom will be dismissed.

Appellant contends that there was no probable cause for forcibly entering his home; that the court erred in receiving in evidence, over his objection, Exhibits 4, 5, 6, and 7 (torn paper, note pad, sugar can and hypodermic needle, and finger stalls) which were taken from his…

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