Legal Opinion

People v. Daniels

California Supreme Court

Decided July 30, 1975No. Crim. 18316. L.A. No. 30392PublishedCited by 66 opinions

1Opinion of the Court

Opinion

RICHARDSON, J.

We consider the question of whether sale of a restricted dangerous drug is a crime requiring a general or specific intent and conclude that it requires the former where, as here, there is a transfer of possession of such a drug to another for cash.

David Daniels was found guilty by a jury, as charged, of two counts of selling a restricted dangerous drug (Health & Saf. Code, former § 11912, now § 11352). The court granted a motion for a new trial on the ground urged by defendant that an instruction on specific rather than general intent should have been given, and the…

2Cases cited14 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. HoodCalifornia Supreme Court · 1969
  3. People v. WinstonCalifornia Supreme Court · 1956
  4. People v. GoryCalifornia Supreme Court · 1946
  5. Bruce v. GregoryCalifornia Supreme Court · 1967

9 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. People v. Jerry R.California Court of Appeal · 1994
  2. People v. MirandaCalifornia Court of Appeal · 2011
  3. People v. CoriaCalifornia Supreme Court · 1999
  4. Dorador v. StateWyoming Supreme Court · 1978
  5. People v. SmithCalifornia Court of Appeal · 1984

61 more not listed; retrieve them via the Exa API.

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