(Download) "Flora Crane Service Inc. v. Superior Court" by First Appellate District, Division One District Court Of Appeal Of California * Book PDF Kindle ePub Free
eBook details
- Title: Flora Crane Service Inc. v. Superior Court
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 07, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Jose Garcia, indicted for the sale of heroin in violation of section 11501, Health and Safety Code, was brought to trial without a jury, November 21, 1963. It appears from the clerks transcript, which is the only record of that trial, that it was stipulated that one Massar was a qualified chemist and that it was deemed he had testified for the People. While this was the extent of the stipulation it may be assumed that Massar was called to prove he had analyzed a sample of heroin and it was disclosed that he had only identified a substance as marijuana. Upon motion of the district attorney and over defendants objection, the indictment was amended by interlineation to substitute "marijuana" and section "11531" for "heroin" and section "11501" of the Health and Safety Code. Defendant was arraigned on the indictment as amended, pleaded not guilty and jury trial was waived on the issue of guilt and the allegation of a prior conviction of felony. Defendant did not request a continuance; the court offered to release him on his own recognizance and the offer was refused. Defendant was found guilty of the sale of marijuana, a probation report was ordered, defendant moved for a new trial and the motion was granted. A second trial was had the following April. Defendant admitted a former conviction of the sale of heroin, was convicted by a jury of the sale of marijuana, was sentenced and took an appeal from the judgment.