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District Court of Appeal, Third District, California.

PEOPLE of the State of California, Plaintiff and Respondent, v. Eddle VICE, Defendant and Appellant.

Cr. 3172.

Decided: May 12, 1961

John H. Laugenour, Sacramento, for appellant. Stanley Mosk, Atty. Gen., by Doris H. Maier, Asst. Atty. Gen., for respondent.

This is an appeal from a judgment entered upon a jury's verdict which found appellant guilty of a sale of marijuana in violation of Section 11531 of the Health and Safety Code.

Pursuant ot appellant's request for counsel this court appointed John H. Laugenour, Esq., to represent him on appeal. Mr. Laugenour has advised this court that in his opinion the apppeal is devoid of merit. After an independent review of the record we have reached the same conclusion.

A police officer testified that he purchased the marijuana, which was introduced in evidence, from appellant. That evidence was sufficient to support the verdict notwithstanding appellant's testimony in conflict therewith. There were no errors of law and the jury was fully and correctly instructed.

The judgment is affirmed.

VAN DYKE, Presiding Judge.

SCHOTTKY and PEEK, JJ., concur.