Does possession of heroin for sale constitute dishonesty or false statement?

California, United States of America


The following excerpt is from People v. Castro, 211 Cal.Rptr. 719, 38 Cal.3d 301, 696 P.2d 111 (Cal. 1985):

13 We note that possession of heroin for sale was the precise felony involved in People v. Spearman, supra. The inquiry there was whether the crime involved dishonesty. The majority's answer was in the negative. The question here is, of course, somewhat broader: does possession of heroin for sale necessarily evince any character trait which can reasonably be characterized as "immoral."

1 The new statute, which is set forth in an appendix to the court's opinion in Dixon v. United States (D.C.1972) 287 A.2d 89, certiorari denied, 407 U.S. 926, 92 S.Ct. 2474, 32 L.Ed.2d 813, provided for admission into evidence of any criminal offense which "(A) was punishable by death or imprisonment in excess of one year under the law under which [the defendant] was convicted, or (B) involved dishonesty or false statement (regardless of punishment)...." (Id., at p. 100.) Exceptions were made for a conviction more than 10 years old, and convictions which had been the subject of pardon, annulment, or certificate of rehabilitation.

Other Questions


What constitutes false or misleading statements to the arresting officer? (California, United States of America)
What is the evidence supporting the possession of heroin and possession of marijuana in the same closet? (California, United States of America)
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
Does a false promise constitute a negligent false promise? (California, United States of America)
Is there any error in giving the jury instructions concerning false and misleading statements or possession of recently stolen property? (California, United States of America)
Is a knowingly false statement of fact a constitutionally protected claim? (California, United States of America)
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation? (California, United States of America)
When confronted with a witness with his own dishonesty in an attempt to solve a murder case, what is the effect of confronting the witness with false statements? (California, United States of America)
Does a defendant's prior conviction for possessing heroin and cocaine for sale constitute evidence of a specific act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.