People v. Empie

Cleve Empie, Jr., represented by counsel, was convicted in a jury trial of the sale of heroin; probation was denied; he was sentenced to state prison and he appeals from the judgment.

The ground of the appeal is that there is no competent evidence of guilt. The contention is unsustainable.

It is contended that the acts of defendant constituting the offense were testified to only by one Peterson, and inasmuch as the latter was shown to have suffered two narcotics convictions, and was awaiting trial upon a third charge, he should have been held incompetent as a witness. It is also argued that…