Donohue

People v. Donohue

Good Law
1967 Cal. App. LEXIS 1969·251 Cal. App. 2d 272·59 Cal. Rptr. 417
Court of Appeal of CaliforniaMay 23, 1967Crim. No. 6133California745 words

Opinion

Lead Opinion

Christian, J.

Defendant appeals from a judgment of conviction of felony: violation of Health and Safety Code section 11912 (sale of amphetamine, a dangerous drug). Appellant attacks the sufficiency of the evidence to sustain the judgment and asserts that the statute he was convicted of violating is unconstitutional. We uphold the judgment of the trial court.

On September 27, 1965, John Thompson, an agent of the State Bureau of Narcotic Enforcement, met appellant in a bar on Compton Boulevard in Los Angeles County and conversed briefly with him. Thompson then followed appellant along Compton Boulevard to a point where appellant pulled his car over to the curb. Thompson drove up behind him and both men got out.

Thompson then asked how much appellant wanted for a “jar” of amphetamine (“jar” is trade jargon for 1,000 tablets). Appellant said the price was $375 for 10 jars. Thompson did not have that much money so a bargain was struck for 6 jars at a price of $225. Appellant removed from the trunk of his car a large paper sack containing 10 smaller sacks. After removing four of the small sacks, he handed the remainder to Thompson who paid him $225.

Chemical analysis showed that the sacks…

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