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PEOPLE v. JOHNSTONE

Docket No. 15631.

273 Cal.App.2d 39 (1969)

77 Cal. Rptr. 867

THE PEOPLE, Plaintiff and Respondent, v. JAMES FRANKLIN JOHNSTONE, Defendant and Appellant.

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

May 16, 1969.

Attorney(s) appearing for the Case

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

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Jimmie E. Tinsley, Deputy Attorney General, for Plaintiff and Respondent.

WOOD, P.J.

Defendant was accused of violating section 11530 of the Health and Safety Code (possession of marijuana). A physician was appointed to examine him as to his sanity (Pen. Code, § 1368). The issue of his sanity was submitted to the court on the physician's report, and the court found that defendant was presently sane. In a jury trial, defendant was found guilty as charged. His petition for a writ of habeas...

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