People v. Leal

Manuel V. Leal was charged by information with possession of heroin. (Health & Saf. Code, § 11500.) *505He waived a jury trial and the court found him guilty and sentenced him to the term prescribed by law. He appeals from the judgment, contending that the evidence is insufficient to show knowing possession of heroin. For the reasons discussed below, we believe the judgment must be reversed.

Late in the afternoon of April 8, 1963, Leal and his wife brought their young daughter, Martha, to the police station because she had run away from home. Outside the presence of her parents Martha spoke with…