Does a finding of prejudice against a defendant who was charged with possession of a controlled substance be affirmed?

California, United States of America


The following excerpt is from People v. Johnson, 133 Cal.Rptr. 123, 62 Cal.App.3d Supp. 1 (Cal. Super. 1976):

While, unlike the prior cases, this defendant had the opportunity to consult a doctor well within the time that a physical examination might enable the physician to testify that defendant displayed no symptoms of having injected a controlled substance, the misleading information given him as to the nature of the charge, plus the failure of the police to tell him about, or offer him a urine test, support the finding of prejudice. The judgment (order of dismissal) must be affirmed.

PEOPLE v. SESSION--Crim. A. No. 14324

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