People v. Fenninger

Defendant Fenninger was convicted of the unlawful sale of a narcotic drug with intent to induce or aid another to unlawfully use or possess the drug 1 and conspiracy to commit such violation. 2 He argues that his conviction should be reversed because the evidence totally fails to show that he sold the narcotic drug, or that he aided and abetted the sellers in consummating such a sale. We agree and therefore reverse the judgment of the trial court.

The prosecution’s case consisted chiefly of the testimony of a government undercover agent and two codefendants who had pled guilty prior to trial…