Glass

People v. Glass

Good Law
118 Cal. Rptr. 797·1975 Cal. App. LEXIS 974·44 Cal. App. 3d 772
Court of Appeal of CaliforniaJanuary 21, 1975Crim. No. 1752California3,293 words

Opinion

Lead Opinion

Brown, J.

Appellant was convicted by a jury of possession of amphetamines for sale (Health & Saf. Code, § 11351) and was found not guilty of possession of hypodermic syringes (Bus. & Prof. Code, § 4143, subd. (a)). On this appeal from the judgment he urges insufficiency of the evidence to support the verdict and misconduct of the prosecutor. We find merit in his contentions and reverse the judgment.

To support a conviction of possession of amphetamines for sale, it must be shown that the appellant exercised control or had the right to exercise control over the controlled substance, that he had knowledge of the presence of the controlled substance, that he had knowledge of its nature, and that he had the specific intent to sell the same. (People v. Newman (1971) 5 Cal.3d 48, 52-53 [ 95 Cal.Rptr. 12 , 484 P.2d 1356 ].)

These elements may be established by circumstantial evidence and any reasonable inferences drawn therefrom. (People v. Newman, supra, 5 Cal.3d at p. 52 .)

*775 Resolving all conflicts in favor of the respondent, the proof in this case showed that sheriff’s deputies went to the residence at 4919 Sammons Street, Bakersfield, at about 11:30 a.m. to execute a search…

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