In what circumstances will the court overturn a conviction for possession of a small amount of marijuana?

California, United States of America


The following excerpt is from People v. Santa Maria, 207 Cal.App.2d 306, 24 Cal.Rptr. 492 (Cal. App. 1962):

In People v. Mulvey, 198 Cal.App.2d 714, 16 Cal.Rptr. 821, the defendant was also charged with possession of marijuana. The district attorney on cross-examination of the defendant questioned him regarding the presence of two girls in his house. in Reversing the conviction, the court stated: 'All this questioning related to immaterial matter. It could have served no purpose other than to discredit the defendant by suggesting immoral conduct upon his part due to the supposed presence of two girls in the bedroom. Perhaps referring to them as prostitutes was a slip of the tongue of the prosecutor but we doubt it. There was no excuse whatever from the insinuation. In this cunning fashion the prosecutor succeeded in picturing the defendant as a person of loose morals. * * *' (p. 721.)

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