People v. Pastrana

7 Citing cases

  1. People v. Powell

    187 Cal.App.2d 709 (Cal. Ct. App. 1960)   Cited 8 times

    [4] It was a factual question to determine whether the identification by the officer was sufficient. ( People v. Ramirez, 163 Cal.App.2d 590, 593 [ 329 P.2d 499]; People v. Mazza, 135 Cal.App.2d 587, 596 [ 287 P.2d 798]; People v. Thomas, 103 Cal.App.2d 669, 672 [ 229 P.2d 836]; People v. Pastrana, 136 Cal.App.2d 358, 359-360 [ 288 P.2d 568].) [5] The officer was positive that it was appellant who stated the price of the heroin.

  2. People v. Gardner

    177 Cal.App.2d 43 (Cal. Ct. App. 1960)   Cited 14 times
    In Gardner, officers learned from several informants that one Lummie, his wife and brother, were living at a house on 56th Street to which people went to use heroin.

    The latter two did take place on May 7, and are made appealable by section 1237 of the Penal Code. The first, if appealable, was taken too late, as measured by the provisions of rule 31, Rules on Appeal for the Supreme Court and District Courts of Appeal. [1] It is not, however, appealable (Pen. Code, § 1237; People v. Pastrana (1955), 136 Cal. Cal.App.2d 358, 359 [ 288 P.2d 568, 569]) and so we are dismissing it, while affirming the other two matters appealed from. The crucial question on this appeal arises with respect to the nondisclosure of the identity of an informer.

  3. People v. Perkins

    172 Cal.App.2d 781 (Cal. Ct. App. 1959)   Cited 3 times

    The court having given credence to the former's testimony, we cannot say as a matter of law that the conviction was without support in the evidence. ( People v. Pastrana, 136 Cal.App.2d 358 [ 288 P.2d 568].) In his notice of appeal Perkins specified a number of respects in which his constitutional rights were allegedly violated, namely, he was held more than 48 hours prior to his arraignment in contravention of Penal Code, section 825; he was unlawfully deprived of a preliminary hearing; he was arrested without a warrant; the identity of the informer was not disclosed; and Reataza was released.

  4. People v. Barrera

    172 Cal.App.2d 490 (Cal. Ct. App. 1959)   Cited 2 times

    The court rejected the testimony of Barrera and Mosca and gave full credit to the testimony of Berman. We can do no less. ( People v. Pastrana, 136 Cal.App.2d 358 [ 288 P.2d 568].) [2] In view of appellant's admitted willingness to place Berman in contact with a seller of narcotics, there was no basis for a contention that he was entrapped into committing the offense.

  5. People v. Jackson

    163 Cal.App.2d 355 (Cal. Ct. App. 1958)   Cited 4 times

    Although defendant denied selling anything to Natisin, his testimony created only a conflict in the evidence, which was resolved against him by the trier of fact. ( People v. Pastrana, 136 Cal.App.2d 358 [ 288 P.2d 568].) [2] Defendant was represented by counsel at the trial and his counsel did not object to the introduction in evidence of the substance he sold to Natisin or the narcotics paraphernalia taken from his home.

  6. People v. Perez

    162 Cal.App.2d 650 (Cal. Ct. App. 1958)   Cited 8 times

    Although appellant denied selling any narcotics and Rivera testified that appellant did not participate in the transactions occurring February 3d and 7th, the court was not required, as a matter of law, to give credence to their testimony. ( People v. Pastrana, 136 Cal.App.2d 358 [ 288 P.2d 568].) The statements of the other defense witnesses that they did not see appellant leave the El Rancho Café on the morning of February 9th created only a conflict in the evidence, which the court resolved against Perez.

  7. In re Anthony

    236 Cal.App.4th 204 (Cal. Ct. App. 2015)   Cited 8 times

    It merely serves to clarify that “[a]ppeals ... in criminal cases do not lie from the verdict of a jury or from the finding of a judge upon controverted questions of fact.” (People v. Pastrana (1955) 136 Cal.App.2d 358, 359–360, .) In other words, section 1235 describes the type of issues the parties may raise in an appeal from an appealable order.