PEOPLE v. BERTI

Docket No. 6859.

178 Cal.App.2d 872 (1960)

3 Cal. Rptr. 514

THE PEOPLE, Respondent, v. RICHARD MARIO BERTI et al., Defendants; RICHARD LEROY BERRY, Appellant.

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

March 16, 1960.


Attorney(s) appearing for the Case

Paul Hill for Appellant.

Stanley Mosk, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent.


ASHBURN, J.

Convicted after a nonjury trial of possession of marijuana in violation of section 11500, Health and Safety Code, defendant was granted probation and further proceedings were suspended. Defendant appeals from the judgment (pursuant to Pen. Code, § 1237, subd. 1) and from an order denying his motion for new trial. The codefendant, Berti, was acquitted.

Counsel argues that the conviction rests only upon surmise and assumption and hence the evidence...

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