People v. McVicker

GOODELL, J., pro tem.

This is an appeal from an order denying a motion to vacate or modify a judgment of conviction—:from which no appeal had been taken—which adjudged, inter alia, that appellant was an habitual criminal.

On January 6, 1938, an information was filed in the Superior Court of Marin County charging the appellant in the first count with the sale of morphine, in violation of section 1 of the act entitled: “An act to regulate the sale, possession, distribution and use of habit forming, narcotic and other dangerous drugs and substances, and providing penalties for the violation…