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PEOPLE v. BOWENS

Docket No. 4438.

229 Cal.App.2d 590 (1964)

40 Cal. Rptr. 435

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM O. BOWENS, Defendant and Appellant.

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

September 11, 1964.

Attorney(s) appearing for the Case

Ronald M. Sohigian, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and John F. Kraetzer, Deputy Attorneys General, for Plaintiff and Respondent.

MOLINARI, J.

On this appeal from a judgment of conviction for possession of heroin (violation of Health & Saf. Code, § 11500), the main question presented is whether defendant has been denied his constitutional right to have the jury determine every material issue presented by the evidence. The determination of this question turns upon the giving of an instruction which omitted to state than an essential element of the crime charged was knowledge of the narcotic...

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