People v. Ballard

PETERS, P. J.

Defendant was charged by information with two violations of section 11500 of the Health and Safety Code in that on two separate dates he unlawfully sold a named narcotic. He was found guilty by a jury of both counts of the information. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The information, in separate counts, charges that on August 3, 1955, and again on August 9, 1955, the defendant did “wilfully, unlawfully and feloniously sell a narcotic, to wit, Amidone, also known as Methadone Hydrochloride.” Amidone is defined in section 11001 of the Health and Safety Code as follows:

“ ‘Narcotics,’ as used in this division, means any of the following: . . .

“(j) Amidone. Amidone shall mean any substance identified chemically as 4.4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof by whatever trade name designated.”

In the opening statement of the prosecuting attorney reference was made to the fact that the main prosecution witness, Mantler by name, a narcotic enforcement officer, first met defendant through a police informant; that this informer on two occasions in July of 1955, took Mantler to a certain

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parking lot, went over to defendant’s car, returned to Mantler’s car and got some money, and returned to Mantler’s car with some white tablets, later analyzed as amidone. The prosecuting attorney referred to these two prior occurrences at some length, and then concluded the statement by declaring that the narcotic involved in all four transactions was amidone. Counsel for defendant moved for a mistrial, which was denied.

At the trial the prosecution produced three witnesses, while the defense produced none. A chemist in the Bureau of Narcotics stated that he had analyzed the tablets secured in all four transactions, and that all of them were amidone, a narcotic. The tablets from all four sales were introduced into evidence, the tablets which had been- secured by the informant being admitted over defendant’s objections.

Narcotics Officer Mantler testified that on July 26th and 30th, 1955, he and the informant drove to the parking lot, that the informant left his car with marked money, went to defendant’s car, and returned in a few moments with amidone tablets. Defendant objected to this testimony. Mantler also testified that on August 3d the informant introduced Mantler and the defendant and Mantler purchased directly from defendant 25 white tablets, afterwards determined to be amidone, for $50. Thereafter, Mantler had several telephone conversations with defendant in an attempt to arrange another sale. On August 9th this second sale was consummated. Mantler, by prearrangement, met defendant in the parking lot, gave defendant $400 in marked money, and received from defendant 200 white tablets, afterwards ascertained to be amidone.