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PEOPLE v. HORN

Docket No. 3739.

187 Cal.App.2d 68 (1960)

9 Cal. Rptr. 578

THE PEOPLE, Respondent, v. EUGENE HORN, Appellant.

Court of Appeals of California, First District, Division One.

December 5, 1960.

Attorney(s) appearing for the Case

James Hammond, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and Joseph I. Kelly, Deputy Attorneys General, for Respondent.

TOBRINER, J.

[1a] Under section 11557 of the Health and Safety Code the prohibition of unlawfully opening and maintaining "any place for the purpose of unlawfully selling, giving away or using any narcotic" describes a "purpose" which contemplates continuity in the pursuit of such objectives. [2a] In a prosecution for unlawful possession of narcotics in which appellant did not admit his knowledge of the narcotic nature of the substance, he...

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