Case

People v. Case

Good Law
1969 Cal. App. LEXIS 1579·270 Cal. App. 2d 712·76 Cal. Rptr. 111
Court of Appeal of CaliforniaMarch 17, 1969Crim. No. 3568California683 words

Opinion

Lead Opinion

Ault, J.

Appellant was charged with selling a dangerous drug (methamphetamine) in violation of section *713 11912 of the Health and Safety Code. He waived trial by jury and was found guilty by the court. Probation was denied and he was sentenced to state prison for the -term, prescribed by law. He appeals from the judgment of conviction. His sole contention is that the evidence was insufficient to establish that a useable quantity of the drug was sold.

The packet containing the drug sold was introduced at the trial. It was stipulated that if a qualified chemist were called as a witness, he would testify that the packet contained the drug methamphetamine. The undercover police officer who made the purchase from appellant was the only witness at the trial. He testified that he paid the appellant $5.00 for the packet of the drug; that what he purchased was commonly called in the narcotic trade a ‘1 five-penny’’ or “nickel” bag, and that it contained approximately one-eighth gram. He further stated that he had on other occasions observed drug users taking methamphetamine and that there was sufficient in the packet to “hit” or “get off” approximately four to five times. He defined “hit” as…

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