In what circumstances will a defendant be convicted of a charge of possession of Class A drugs in a restaurant?

California, United States of America


The following excerpt is from Alvarado v. Superior Court, 23 Cal.4th 1121, 5 P.3d 203, 99 Cal.Rptr.2d 149 (Cal. 2000):

In Smith v. Illinois, supra, 390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956 (Smith), the defendant was convicted of the illegal sale of narcotics, following a trial in which the prosecution's principal witness testified that he had purchased heroin from the defendant in a restaurant. On cross-examination, the witness was asked whether the name by which he had identified himself on direct examination was his correct

[99 Cal.Rptr.2d 163]

name. He admitted, over the prosecutor's objection, that it was not. The witness was then asked to state his correct name. The trial court sustained the prosecutor's objection to the question. The witness subsequently was asked where he lived, and again the court sustained the prosecutor's objection.

[99 Cal.Rptr.2d 163]

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