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PEOPLE v. THOMPSON

Docket Nos. 3480, 3481.

144 Cal.App.2d Supp. 854 (1956)

301 P.2d 313

THE PEOPLE, Respondent, v. LAWRENCE CHARLES THOMPSON, Appellant. THE PEOPLE, Respondent, v. ROBERTA THOMPSON, Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

September 4, 1956.

Attorney(s) appearing for the Case

Samuel C. McMorris and Walter L. Gordon, Jr., for Appellants.

Roger Arnebergh, City Attorney (Los Angeles), Donald M. Redwine, Assistant City Attorney, and Philip E. Grey, Deputy City Attorney, for Respondent.

BISHOP, P.J.

We find ourselves compelled to reverse the judgments because of an erroneous instruction, twice given, concerning the proof of venue. As will appear, the error was not technical, but adversely affected a proper defense.

The identical charges in these cases were based upon these provisions of section 11721 of the Health and Safety Code: "No person shall unlawfully use or be addicted to the unlawful use of narcotics.... Any person convicted of violating...

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