People v. Johnson
Appellate Division of the Superior Court of California
1Opinion of the CourtStephens, J.
Defendant was found guilty upon trial by jury of violating section 62 of the Alcoholic Beverage Control Act (Stats. 1937, p. 2175; 2 Deering’s Gen. Laws, Act 3796) by selling to one John Holalek, who was then and there obviously intoxicated, an alcoholic beverage.
The portion of section 62 of the act with which we are here concerned, reads as follows: “Every person who sells . . . any alcoholic beverage ... to any obviously intoxicated person shall be guilty of a misdemeanor.”
Over defendant’s objection a police officer was allowed to answer this question: "Officer, based upon your experience…
2Cases cited6 opinions
- Green v. Southern Pacific Co.California Supreme Court · 1898
- People v. CrossanCalifornia Court of Appeal · 1927
- People v. WepploAppellate Division of the Superior Court of California · 1947
- People v. DriggsCalifornia Court of Appeal · 1909
- People v. CastroCalifornia Supreme Court · 1899
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3Cited by17 opinions
- Coulter v. Superior CourtCalifornia Supreme Court · 1978
- Strand v. Village of WatsonSupreme Court of Minnesota · 1955
- People v. SmithAppellate Division of the Superior Court of California · 1949
- Kyle v. StateCourt of Criminal Appeals of Oklahoma · 1961
- Samaras v. Department of Alcoholic Beverage ControlCalifornia Court of Appeal · 1960
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