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PEOPLE v. MARTINEZ

Docket No. 5255.

130 Cal.App.2d 54 (1954)

278 P.2d 26

THE PEOPLE, Respondent, v. RUDOLPH MARTINEZ, Appellant.

Court of Appeals of California, Second District, Division Three.

December 30, 1954.

Attorney(s) appearing for the Case

Eugene V. McPherson for Appellant.

Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Respondent.

SHINN, P.J.

[1] The appeal in this case presents the question whether a conviction of possession of a narcotic may stand where the accused put the package into his mouth, was choked and wrestled to the ground by the arresting officers until he gave up the package, which was used in evidence to prove the offense. We answer that, in our opinion, such a conviction should not be affirmed.

Rudolph Martinez, the appellant, was charged with a violation...

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