People v. Holmes

Nathan Boyd Holmes was indicted under the name of Spurlock, as he was then known to the police, for the unlawful sale of heroin and following his conviction in a non-jury trial we reversed (Cal.App.) 2 Cal.Rptr. 518 and the Supreme Court reversed the judgment (54 Cal.2d 442 [5 Cal.Rptr. 871, 353 P.2d 583]) upon the ground that it was not shown by the record that Holmes had personally waived trial by jury. In a subsequent trial, Holmes was convicted in a jury trial. He admitted a former felony narcotic conviction, for which he had served a term in state prison. Upon his appeal from the…