(DOWNLOAD) "Santa Fe Transportation Co. v. State Board of Equalization" by Supreme Court Of California * Book PDF Kindle ePub Free
eBook details
- Title: Santa Fe Transportation Co. v. State Board of Equalization
- Author : Supreme Court Of California
- Release Date : January 06, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
An information was filed against the defendant charging him with a violation of section 11500, Health and Safety Code, in that he had "in his possession a preparation of heroin." He was arraigned and entered thereon a plea of not guilty. On the day of trial, in open court, defendant and his counsel both expressly waived his right to a trial by jury. After a short interval during which the lower court dealt with other matters, the case was called for trial, at which time the district attorney moved to amend the information, by way of interlineation, to charge sale of heroin in lieu of possession, representing to the court that the evidence taken at the preliminary hearing would support the amendment. Defendants counsel then stated: "Well, I dont like to have an information amended on the eve of trial that way, but the defendant and I have talked the situation over, and he told me he does not want anything to happen that will delay the trial, so I wont make any objection." The court thereupon allowed the amendment and the record reveals it was effected by crossing out the words "have in his possession" and substituting the word "sell," by interlineation. Immediately thereafter, the trial commenced before the court sitting without a jury. Defendant was found guilty of selling heroin as charged in the amended information and sentenced to the state prison. From the judgment of conviction, defendant appeals.
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