PEOPLE v. SMALL

Docket No. 7405.

198 Cal.App.2d 172 (1961)

17 Cal. Rptr. 776

THE PEOPLE, Plaintiff and Respondent, v. LIONEL ALEXANDER SMALL, Defendant and Appellant.

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

December 19, 1961.


Attorney(s) appearing for the Case

Harry E. Weiss and Russell E. Parsons for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Otto J. Hetzel, Deputy Attorney General, for Plaintiff and Respondent.


WOOD, P.J.

Defendant was convicted, in a nonjury trial, of unlawfully possessing heroin. Upon stipulation the case was submitted upon the transcript of the preliminary examination. Defendant did not testify. The information alleged that defendant had been convicted previously of burglary, but no evidence was presented with respect thereto. He was sentenced to imprisonment in the state prison. He appeals from the judgment and from the order denying his motion for a...

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