Defendant was prosecuted and found guilty in the Municipal Court of San Diego Judicial District under a complaint charging that on or about the 9th day of April, 1953, in San Diego Judicial District in the said County of San Diego, State of California, he did "... wilfully and unlawfully use narcotics;...," in violation of the provisions of section 11721 of the Health and Safety Code. A jury having been waived...
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