People v. Copeland

KAUFMAN, P. J.

Defendant appeals from a judgment entered on a jury verdict finding him guilty on seven counts of forging a prescription for a narcotic (Health & Saf. Code, § 11715), as charged in two informations consolidated for trial. On appeal it is argued that the prosecution introduced irrelevant evidence of a highly prejudicial nature, and that the defendant’s rights under section 1025 of the Penal Code had also been violated.

The evidence presented against the defendant is as follows: Five doctors testified that they had not written the seven narcotic prescriptions bearing their signatures, and introduced as People’s Exhibits 1-7. These seven prescriptions had been presented to three pharmacists in Santa Clara County. One of these, Mr. Fanelli, identified the defendant as the person who presented three prescriptions on May 18, May 22 and May 23, 1957. On May 23, Mr. Fanelli became suspicious and took down the license number of the defendant’s car. A second pharmacist, Roy Barthold, testified that People’s Exhibit 3 had been presented to him .on June 8, 1957, but was not sure that the defendant was the person who presented that prescription. The third pharmacist, Robert Piatt, testified that People’s Exhibits 5, 6, and 7, were presented to him by the defendant on June 18, June 28, and August 27, 1957. On August 27, he became suspicious and called the police who came and arrested the defendant. After the arrest, the

[715]

police obtained a search warrant for the person and automobile of the defendant and his home at 1295 Jackson Street, Santa Clara. In the pocket of a jacket hanging in the garage at this address, the police found a kit containing narcotic paraphernalia. They also found a packet of hypodermic needles in the defendant’s bedroom at the same address. Inspector Rice, over defendant’s objection, testified as to the contents and use of the kit and needles. The admission of this testimony constitutes the first of defendant’s two grounds for appeal.

Defendant, citing

People

v.

O’Brand,

92 Cal.App.2d 752 [207 P.2d 1083], argues that this testimony was irrelevant and highly prejudicial as he was being tried for forging a prescription, not for addiction. In the case cited, the defendants were convicted of attempted burglary of a drugstore. It was held that proof of their desire for narcotics was competent to establish motive for attempting to burglarize the drugstore. The court said at page 754: “. . . While the general rule forbids the admission of evidence of other crimes and degrading practices unrelated to any issue on trial, it is the settled law that where such proof is relevant to an issue in the case on trial, it is admissible notwithstanding it tends to show immoral conduct or other crimes. The law will not permit justice to be defeated by rejecting evidence simply because it involves other crimes or gross immorality.