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PEOPLE v. EMPIE

Docket No. 7534.

196 Cal.App.2d 648 (1961)

16 Cal. Rptr. 755

THE PEOPLE, Respondent, v. CLEVE EMPIE, JR., Appellant.

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

November 3, 1961.

Attorney(s) appearing for the Case

Harry E. Weiss and Daniel N. Busby for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, Norman H. Sokolow and Edmond B. Mamer, Deputy Attorneys General, for Respondent.

SHINN, P.J.

Cleve Empie, Jr., represented by counsel, was convicted in a jury trial of the sale of heroin; probation was denied; he was sentenced to state prison and he appeals from the judgment.

[1a] The ground of the appeal is that there is no competent evidence of guilt. The contention is unsustainable.

It is contended that the acts of defendant constituting the offense were testified to only by one Peterson, and inasmuch as the latter...

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