People v. Bill

The defendant was convicted of having possession of cocaine contrary to the provisions of the California Statutes of 1929 (Stats. 1929, p. 380; 2 Deering’s Gen. Laws of 1931, p. 3007), regulating the sale or possession of habit-forming narcotics.

On appeal it is asserted there is a fatal variance between the allegations of the information which charge him with the possession of “a preparation of cocaine” and the proof that the substance which was found in his hotel room consisted of clear cocaine rather than a preparation thereof; that the evidence fails to show the defendant was possessed of…