People v. Pedesclaux

MUSSELL, J.

Defendant was charged with the crime of possession of a narcotic (heroin) in violation of Health and Safety Code, section 11500. It was further alleged in the information that he had been previously convicted of the crime of illegal sale of marijuana, a felony. He entered a plea of not guilty and admitted the prior conviction. A jury found the defendant guilty of the offense charged and he appeals from the judgment of conviction. The sufficiency of the evidence to support the verdict and judgment is not questioned.

On October 18, 1956, at approximately 3 o’clock a. m., Detective Sgobba of the San Diego Police Department, while conducting a search of a hallway in the Yesmar Hotel in San Diego, found under the hall carpet a small package, about one-quarter inch wide, one inch long and a fraction of an inch thick. Sgobba took this package to the vice squad office and upon analysis in the crime laboratory, it was found to contain the narcotic heroin. Sgobba took the package back to the hotel at about 8 :30 p. m. on the same day and replaced it under the hallway carpet where he first found it. He hid in a closet about eight feet from the package and left the door slightly ajar “to see who, if anybody, would come to pick up the bindle.” About 15 minutes later he heard footsteps coming down the hall and saw the defendant walk to the end of the hallway, stoop down, lift the carpet and look under it. At the sound of footsteps in the hall, defendant immediately dropped the carpet and walked away. When the sound of the footsteps could no longer be heard, the defendant returned, lifted the carpet, picked up the package and started to walk away. Sgobba then came out of the closet and placed the defendant under arrest.

At the police station defendant said, “You fellows planted me because I looked there this morning and that bindle wasn’t there.” He also stated that as he was walking along the hall, he felt something under the rug with his foot, and that he bent over and picked it out from under the rug. Marks were observed on defendant’s arms which appeared to be the same as found on the arms of admitted heroin users and defendant admitted that he was “a week end user” of heroin. At the trial he testified he was walking along the hallway on his way to the fire escape when he noticed the carpet was not

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