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PEOPLE v. FRANCIS

Docket No. Crim. 12971.

71 Cal.2d 66 (1969)

450 P.2d 591

75 Cal. Rptr. 199

THE PEOPLE, Plaintiff and Respondent, v. GARY DALE FRANCIS, Defendant and Appellant.

Supreme Court of California. In Bank.

May 6, 1969.

Attorney(s) appearing for the Case

Donald F. Roeschke, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Frederick R. Millar, Jr., Deputy Attorney General, for Plaintiff and Respondent.

BURKE, J.

An information was filed charging Gary Dale Francis with selling and giving away marijuana (Health & Saf. Code, § 11531.)1 A jury trial was waived, and the case was submitted on the preliminary hearing transcript. The court found Francis guilty of possession of marijuana (Health & Saf. Code, § 11530), which the court determined to be "a lesser offense than that charged...

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