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PEOPLE v. TAPIA

Docket No. 3563.

174 Cal.App.2d 52 (1959)

344 P.2d 33

THE PEOPLE, Respondent, v. FRED TAPIA, Appellant.

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

September 28, 1959.

Attorney(s) appearing for the Case

Samuel D. O'Brien, appointed by District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Louis P. Bergna, District Attorney (Santa Clara), and Margaret V. Morten, Chief Trial Deputy District Attorney, for Respondent.

WOOD (Fred B.), J.

Defendant-appellant was convicted of two violations of section 11500 of the Health and Safety Code: sales of marijuana on January 9 and 13, 1958. He does not question the sufficiency of the evidence to support the verdict. He does claim that prejudicial error occurred during the trial. But first there is a question as to the timeliness of the appeal.

[1] In its brief filed herein, respondent called attention to the fact that...

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