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PEOPLE v. LOPEZ

Docket No. 5770.

151 Cal.App.2d 121 (1957)

311 P.2d 11

THE PEOPLE, Respondent, v. ROBERT LOPEZ, Appellant.

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

May 17, 1957.

Attorney(s) appearing for the Case

Beecher S. Stowe for Appellant.

Edmund G. Brown, Attorney General, Raymond M. Momboisse and Herschel Elkins, Deputy Attorneys General, for Respondent.

WOOD (Parker), J.

Defendant was accused of violating section 11500 of the Health and Safety Code in that he unlawfully sold heroin. In a trial by jury, he was convicted. He appeals from the judgment.

Appellant contends that, as a matter of law, the court abused its discretion "in refusing to consider" appellant's application for probation; and that the court erred in failing to instruct the jury that evidence...

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