Is there any miscarriage of justice or prejudicial misconduct by referring to marijuana during the cross-examination of a defendant?

California, United States of America


The following excerpt is from People v. Moran, 1 Cal.3d 755, 463 P.2d 763, 83 Cal.Rptr. 411 (Cal. 1970):

Defendant contends that the prosecuting attorney committed prejudicial misconduct by referring to marijuana during the cross-examination of defendant. From the context of the questions, however, it is apparent that these references were merely slips of the tongue and that the prosecuting attorney meant to ask about LSD. A prompt objection would have dispelled any possible confusion. No miscarriage of justice appears. (See People v. Watson (1956) 46 Cal.2d 818, 835, 299 P.2d 243.)

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