Neighbors

People v. Neighbors

Good Law
1963 Cal. App. LEXIS 1819·218 Cal. App. 2d 593·32 Cal. Rptr. 473
Court of Appeal of CaliforniaJuly 24, 1963Crim. No. 8480California1,768 words

Opinion

Lead Opinion

Herndon, J.

This appeal is brought by Ivan Neighbors, one of four defendants jointly charged with violating section 182, Penal Code, by combining, confederating and agreeing together to sell a dangerous drug, i.e., amphetamine, contrary to the provisions of section 4227, Business and Professions *595 Code. Appellant was convicted following a jury trial; his three alleged eoeonspirators previously entered pleas of guilty to the same charge.

Appellant’s assignments of error are stated as follows : ‘‘(1) The evidence did not sustain the conviction, since it established (if anything) multiple conspiracies rather than a single conspiracy; and (2) there was prejudicial misconduct by the prosecuting attorney during argument to the jury.”

[la] The evidence, viewed in a light favorable to respondent, may be summarized as follows: At approximately 5:30 p.m., on November 8, 1961, Deputy Sheriff Bart Natison, who was operating as an undercover investigator and a confidential informant, known as "Gene,” met the eodefendant Givens at a gasoline station where the latter was employed. The informant asked Givens if they could "score.” 1 Givens replied that he did not have anything with him, but that he had…

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