Legal Opinion

People v. Malone

California Court of Appeal

Decided September 13, 1924No. Crim. No. 792PublishedCited by 9 opinions

1Opinion of the CourtFinch, P. J.

The defendant was convicted of the unlawful sale of intoxicating liquor. He prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

The indictment does not state the name of the alleged purchaser, but the evidence shows to whom the sale was made. There is much force in appellant’s argument to the effect that the name of the purchaser should in fairness he alleged in order to enable the defendant to prepare his defense, hut it has been held that such allegation is not necessary. (People v. Faust, 113 Cal. 172 [45 Pac. 261]; Ex parte Hansen, 158…

2Cases cited3 opinions

  1. People v. FaustCalifornia Supreme Court · 1896
  2. Ex Parte HansenCalifornia Supreme Court · 1910
  3. People v. PetrovichCalifornia Court of Appeal · 1924

3Cited by9 opinions

  1. People v. KinsleyCalifornia Court of Appeal · 1931
  2. People v. GelardiCalifornia Court of Appeal · 1946
  3. State v. DunnIdaho Supreme Court · 1927
  4. People v. BragdonCalifornia Court of Appeal · 1929
  5. People v. LeivaCalifornia Court of Appeal · 1955

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