People v. Mays

ASHBURN, J.

Charged in two counts of an indictment with sale of a narcotic (Health & Saf. Code, § 11500) defendant was convicted on both charges after a non jury trial. He appeals from the judgment but makes no claim that the evidence is insufficient to support the finding of guilty. In varying forms his counsel complains about rulings of the court concerning a certain informer.

Deputy Sheriff Dorothy A. Smith testified that defendant made the two sales as charged; she was the buyer; one transaction occurred on April 7,1958, and the other on April 18,1958. On the first occasion she telephoned the defendant, known to her only as “Freddie,” told him she wanted to purchase $10 worth of heroin; he told her to come over; she went alone to his home at 324% West 66th Street, in Los Angeles. She had

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met defendant a week before and had been to his house on that occasion with one Bichard, the informer. When she arrived on the 7th a Negro named Vincent entered the house at the same time. Mrs. Smith soon went to the bathroom and as she came out defendant was standing in the hallway; she gave him $10 and he delivered a small red balloon containing heroin. Officers Gutierrez and Vacio were outside the house and she showed them the balloon she had bought.

About three days before April 18, 1958, Mrs. Smith had called defendant and asked him to get a spoon of heroin for her. On the 18th she telephoned to see if he had procured it and he told her to call back in 10 minutes. She did so and defendant said to wait where she was, i.e., at a service station at the corner of Florence and Compton. He soon arrived with two other Negroes in a black 1949 Buick. Mrs. Smith got into the vehicle with them, gave defendant $25 and rode to Slauson and Compton where she alighted and waited for defendant to return. At about 5 :25 p.m. defendant arrived, she got into the car and he delivered to her a blue balloon containing a narcotic. Her testimony was corroborated to a substantial extent by “surveillance officers” who were in the immediate vicinity.

The defense was mistaken identity. Defendant testified that he never saw Officer Smith before his arrest, which occurred some weeks or months after April 18th; that he did not sell any narcotic to Mrs. Smith on the 7th or 18th of April; that she was not at the house with Bichard (the informer) at any time and defendant never sold any narcotic to Bichard. His wife corroborated his testimony to a certain extent. Singularly, defendant did not testify that he did not know Biehard.