People v. Geving

Defendant was originally charged with the sale of marijuana. After negotiation with the prosecutor the people moved to add the additional count of attempted 2 possession of marijuana. 3 He pled guilty to the second charge and was sentenced pursuant thereto.

On November 29,1968 the people’s expert witness testified that he had first come into contact with the substance in the packet on December 23, 1968. Defendant claims that this conclusively shows that all testimony from this witness was incompetent and that therefore his motion to suppress the evidence (properly a motion to quash the…