PEOPLE v. GIBBS

Docket No. 4300.

255 Cal.App.2d 739 (1967)

63 Cal. Rptr. 471

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GIBBS, Defendant and Appellant.

Court of Appeals of California, Third District.

November 7, 1967.


Attorney(s) appearing for the Case

Joseph De Cristoforo, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Raymond M. Momboisse and John F. Biehl, Jr., Deputy Attorneys General, for Plaintiff and Respondent.


FRIEDMAN, J.

Defendant Gibbs appeals after a jury found him guilty of selling marijuana. He charges that prejudicial error occurred when the prosecution was permitted to place in evidence the transcribed testimony of a witness named Smith, who had testified at defendant's preliminary examination.

Smith was acting as a police informer. A state narcotics agent had driven him to the residences of two suspected marijuana dealers to make "buys." Smith entered the...

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