People v. Ollado

I entirely agree that count II must be affirmed. To hold otherwise would enable the defendant to acquire a vested right in the magistrate’s errors by stipulating that the evidence at the preliminary hearing may be considered by the trial judge.

Unfortunately I cannot agree that the evidence concerning the transaction of June 13 may legitimately be considered with respect to count I.

There can be no question that the sale of June 13 throws a great deal of light on the events of June 12, too much, in fact. My problem is, however, that the chain of inferences which causes me to feel that there was…