(DOWNLOAD) "People V. Hammond" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Hammond
- Author : Supreme Court Of California
- Release Date : January 02, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The defendant appeals from judgments of imprisonment in the state prison entered in cases arising out of two informations filed against him. In the first, he and his wife were charged in separate counts with three offenses involving narcotics, each allegedly occurring on January 11, 1957, i.e., (1) a sale of heroin, (2) possession of heroin, and (3) maintaining a place for the sale and use of a narcotic, being violations of sections 11500 and 11557 of the Health and Safety Code. In the second he, alone, was charged in four separate counts with four other such violations, i.e., (1) the sale of heroin on December 5, 1956, (2) the transportation of heroin on the same date, (3) the sale of heroin on December 6, 1956, and (4) the transportation of heroin on that date, being violations of section 11500 of the Health and Safety Code. Each information contained an allegation of a prior narcotics conviction. The defendant moved to dismiss the informations on the two grounds provided by section 995 of the Penal Code, i.e., (1) that he had not been legally committed by a magistrate, and (2) that he had been committed without reasonable or probable cause. This motion was denied. Thereupon he entered a plea of "not guilty"; waived a trial by jury; stipulated that the cases might be heard on the preliminary transcript; did not testify or call any witnesses on his behalf; was found guilty of the charge of possession contained in the second count of the first information, and of the offense of selling, contained in the first and third counts of the second information; was found not guilty of all other offenses charged against him; and was sentenced to imprisonment in the state prison. The allegations respecting the prior conviction were found to be true. In the meantime, because of her death, the information against the defendant's wife was dismissed.
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