People v. Martinez

The appeal in this case presents the question whether a conviction of possession of a narcotic may stand where the accused put the package into his mouth, was choked and wrestled to the ground by the arresting officers until he gave up the package, which was used in evidence to prove the offense. We answer that, in our opinion, such a conviction should not be affirmed.

Rudolph Martinez, the appellant, was charged with a violation of the Health and Safety Code, section 11500 (illegal possession of narcotics), and was convicted, having waived a trial by jury. He appeals from the judgment and…