(DOWNLOAD) "Smith v. National Broadcasting Co." by Second Appellate District, Division Two District Court Of Appeal Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. National Broadcasting Co.
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 30, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Defendant Charles G. Silva and his brother-in-law Richard O. Heredia, were jointly charged with possession of marijuana, violation of section 11500 Health and Safety Code. Silva was also charged with a previous conviction and service of sentence for violation of the same section. He pleaded not guilty but admitted the previous conviction. Before Silvas trial Heredia had pleaded guilty and been sentenced. By stipulation Silva was tried without a jury and was convicted. The judge of his own motion ordered the admission of the prior conviction set aside and the prior conviction stricken; then sentenced defendant to a term of nine months in the county jail. The propriety of the conviction depends primarily upon the admissibility of certain marijuana which was found by police officers in a search which appellants counsel claims to have been unreasonable and unlawful. Appropriate objection was made in the trial court to the introduction of this evidence and was overruled. In support of the appeal counsel raises but one point, phrasing it thus: "The only question is whether the contraband recovered by the officers was lawfully obtained."