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PEOPLE v. RICHARDSON

Docket No. 3319.

152 Cal.App.2d 310 (1957)

313 P.2d 651

THE PEOPLE, Respondent, v. EUGENE RICHARDSON, Appellant.

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

July 8, 1957.

Attorney(s) appearing for the Case

Lew M. Warden, Jr., under appointment by the District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Marvin J. Christiansen, Deputy Attorney General, for Respondent.

BRAY, J.

Defendant appeals from a jury conviction of two counts of violation of section 11500, Health and Safety Code, for unlawfully selling, furnishing and giving away heroin.

QUESTIONS PRESENTED

1. Sufficiency of the evidence (a) first count; (b) second count.

2. Instructions (a) possession included in offense of selling; (b) no instruction on use of narcotics; (c) conspiracy.

3. Was there a variance between proof and the allegations...

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