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  5. 228 Cal.App.2d 733 (1964)
 

PEOPLE v. LENEAR

Docket No. 9010.

228 Cal.App.2d 733 (1964)

39 Cal. Rptr. 684

THE PEOPLE, Plaintiff and Respondent, v. JOHN LENEAR, JR., Defendant and Appellant.

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

July 28, 1964.

Attorney(s) appearing for the Case

Erling J. Hovden, Public Defender (Los Angeles County), under appointment by the District Court of Appeal, Sam Gordon and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

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

WOOD, P.J.

Defendant John Lenear, Jr., and Margaret Lowe were accused of unlawfully possessing heroin. In a jury trial, Lowe was found not guilty, but no verdict was reached as to Lenear and a mistrial was declared as to him. In a later jury trial he was found guilty. His motion for a new trial was denied and he was sentenced to state prison. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that he was denied...

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