PEOPLE v. WAGNER

Docket No. Crim. 17897.

13 Cal.3d 612 (1975)

532 P.2d 105

119 Cal. Rptr. 457

THE PEOPLE, Plaintiff and Respondent, v. RICHARD JOAL WAGNER, Defendant and Appellant.

Supreme Court of California. In Bank.

February 27, 1975.


Attorney(s) appearing for the Case

COUNSEL

Edgar Paul Boyko, Michael W. Roberts and Boyd E. Hornor III for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Howard J. Schwab and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

RICHARDSON, J.

Following a jury trial, defendant was convicted of selling marijuana in violation of Health and Safety Code section 11360. He appeals from the judgment of conviction asserting prosecutorial misconduct during his own cross-examination. We have concluded that prejudicial misconduct occurred and that the judgment should be reversed.

Defendant, an Alaskan businessman, journeyed to California in early 1972...

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