Duran v. People

Reversal of the conviction of Duran is advocated in this case on the ground that there was a failure of proof of the offense charged. Since I believe that this assignment is well taken, I must dissent from the opinion of the majority. As I weigh the evidence presented in this case, it lacks the quantum necessary to permit submission of any issue to the jury.

Two police officers stopped the car in which Duran *568was riding. They ordered the driver, Chavez, and a passenger in the front seat, Trujillo, out of the car. They had to arouse Duran, who apparently was asleep on the back seat, before they…