PEOPLE v. WOODY

Docket No. Crim. 7788.

61 Cal.2d 716 (1964)

394 P.2d 813

40 Cal. Rptr. 69

THE PEOPLE, Plaintiff and Respondent, v. JACK WOODY et al., Defendants and Appellants.

Supreme Court of California. In Bank.

August 24, 1964.


Attorney(s) appearing for the Case

Rufus W. Johnson for Defendants and Appellants.

Mitchel J. Ezer, A.L. Wirin and Fred Okrand as Amici Curiae on behalf of Defendants and Appellants.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Jack K. Weber, Deputy Attorney General, for Plaintiff and Respondent.


TOBRINER, J.

On April 28, 1962, a group of Navajos met in an Indian hogan in the desert near Needles, California, to perform a religious ceremony which included the use of peyote. Police officers, who had observed part of the ceremony, arrested defendants, who were among the Indians present. Defendants were later convicted of violating section 11500 of the Health and Safety Code, which prohibits the unauthorized possession of peyote. We have concluded that since the...

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