PEOPLE v. MONTALVO

Docket No. Crim. 14978.

4 Cal.3d 328 (1971)

482 P.2d 205

93 Cal. Rptr. 581

THE PEOPLE, Plaintiff and Respondent, v. HAROLD REYES MONTALVO, Defendant and Appellant.

Supreme Court of California. In Bank.

March 19, 1971.


Attorney(s) appearing for the Case

COUNSEL

Joseph V. Mazziotta, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, and William R. Pounders, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

WRIGHT, C.J.

In this case we decide whether a conviction of furnishing a narcotic to a minor by an adult (Health & Saf. Code, § 11502) may stand when the information failed to allege that defendant was over the age of 21 years and when the jury was in no way instructed that it must determine as an element of the offense that defendant was an adult before finding him guilty of the said offense. We have concluded that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases