In Re Weintraub

By means of habeas corpus the petitioner, appearing in proper person, seeks to obtain his release from custody as a prisoner at Folsom State Prison. He contends that he was convicted, without due process of law, of the misdemeanor of having in his possession “a preparation of morphine” without having procured a physician’s pre scription. therefor, contrary to the provisions of section 11160 of the Health and Safety Code, with relation to the nse of narcotics. He claims that the lack of due process consisted of pronouncing sentence against him in his absence and in the absence of his attorney,…