[Download] "Nutting v. Herman Timber Co." by Third Appellate District District Court Of Appeal Of California * eBook PDF Kindle ePub Free

August 01, 2021

eBook details

Title: Nutting v. Herman Timber Co.
Author : Third Appellate District District Court Of Appeal Of California
Release Date : January 29, 1963
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

The defendant, appellant herein, was charged with, tried by a jury for, and convicted of the offense of selling a narcotic, to wit, heroin, i.e., a violation of section 11501 of the Health & Safety Code; also was charged with two prior convictions, i.e., burglary in the second degree and robbery by assault, which he initially denied but thereafter admitted; moved for a new trial, which was denied; and was sentenced to imprisonment in the state prison. He appeals from the judgment and contends that it should be reversed because he was denied a fair trial in that: (1) he was not permitted representation by counsel of his own choosing; (2) a witness for the prosecution testified that he had been in prison; (3) he was not permitted to make a final argument to the jury; (4) the district attorney was guilty of prejudicial misconduct; and (5) the court ordered a recess in the course of the examination of a witness for the People whose testimony was favorable to the defendant, during which the witness was questioned by the deputy district attorney and a narcotics officer, and after which the witness testified that his previous testimony in favor of the defendant was false.