People v. Gutierrez

Appellant Gutierrez and one Ramirez were separately accused by information of a violation of the Health and Safety Code, section 11531, arising out of the sale of five marijuana cigarettes on February 24, 1961. The cases were consolidated for trial, defendants pleaded not guilty, and the jury found Gutierrez guilty, but was unable to reach a verdict as to Ramirez. Gutierrez now appeals from the judgment and from an order denying his motion for a new trial.

The People’s case rested entirely on the testimony of State Narcotics Agent Martinez, which was, in substance, as follows: On the evening…