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PEOPLE v. DUKE

Docket No. 14562.

276 Cal.App.2d 630 (1969)

81 Cal. Rptr. 69

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ALOYSIUS DUKE, Defendant and Appellant.

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

October 3, 1969.

Attorney(s) appearing for the Case

Albert D. Silverman, under appointment by the Court of Appeal, 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.

REPPY, J.

By information defendant was charged with a violation of section 11530 of the Health and Safety Code (possession of marijuana). Defendant was found guilty after a court trial, a jury having been waived. He was sentenced to the state prison for the term prescribed by law. This appeal follows.

The record, considered in the light most supportive of the conviction (People v. Flummerfelt, 153 Cal.App.2d 104

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