People v. Gallagher

THE COURT.

The appellant, Matthew Gallagher, was charged with having had morphine in his possession in violation of the state law regulating the sale and use of poisons, and upon trial before a jury was convicted. The accusation also charged and appellant admitted two prior convictions of felony, for having in a similar manner violated the same state law. Therefore, the maximum penalty under the present conviction was ten years’ imprisonment in the state penitentiary.

At the trial appellant did not deny having had possession of said narcotic, but asserted that such possession was brought about…