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PEOPLE v. CULBERSON

Docket No. 202068.

140 Cal.App.2d Supp. 959 (1956)

295 P.2d 598

THE PEOPLE, Respondent, v. THOMAS REED CULBERSON, JR., Appellant.

Court of Appeals of California, Appellate Department, Superior Court, San Diego.

March 15, 1956.

Attorney(s) appearing for the Case

Edgar G. Langford and J. Perry Langford for Appellant.

Jean F. DuPaul, City Attorney (San Diego), and Francis A. DeLuca, Assistant City Prosecutor, for Respondent.

GLEN, J.

Defendant was convicted by a jury of violating section 11721 of the Health and Safety Code, which provides in part as follows:

"No person shall be under the influence of narcotics except when such narcotics have been administered by or under the direction of a person licensed by the State to prescribe and administer narcotics...."

[1a] It is conceded that the evidence is sufficient to sustain the verdict, but error is claimed...

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