People v. Ovalle

Pursuant to an order of this Court dated March 4, 1966, defendant’s sentence of 6 to 10 years for the crime of possession of narcotic drugs by nonlicensee 1 was set aside, and new trial granted. Defendant’s new trial took place on May 11, 1966. Following his waiver of trial by jury, defendant was tried by the court, found guilty, and sentenced to a term of 3-1/2 to 10 years.

Relevant to defendant’s appeal, the following pertinent facts appear in the record: On May 2, 1963, in the late afternoon or early evening, Robert Akins, a city jail trustee, approached Sergeant Edward Ohmielewski of the…