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PEOPLE v. McCARTHY

Docket No. Crim. 9585.

64 Cal.2d 513 (1966)

413 P.2d 671

50 Cal. Rptr. 783

THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE McCARTHY, Defendant and Appellant.

Supreme Court of California. In Bank.

May 2, 1966.

Attorney(s) appearing for the Case

J. Perry Langford, under appointment by the Supreme Court, and Langford, Langford & Lane for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Leslie F. Bell, Deputy Attorney General, for Plaintiff and Respondent.

TOBRINER, J.

Defendant appeals from a judgment rendered by the court without a jury convicting him of the possession of narcotics in violation of section 11500 of the Health and Safety Code. The prosecution established defendant's four prior felony convictions, including one narcotics violation.

This case raises the same issue as that posed in People v. Leal, Crim. 9380, ante, p. 504 [50 Cal.Rptr. 777...

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