People v. Clark

DOOLING, J. pro tem.

The defendant was convicted of a violation of sec. 11160 Health and Safety Code. Defendant appeals from the judgment and the order denying her motion for a new trial.

The evidence shows that on November 14, 1942 three narcotic agents went to a hotel room in San Francisco where defendant was found clad only in a nightgown. The agents searched her room and her clothes for narcotics and finding none they instructed her to dress herself, which she did in their presence. She was then taken in an automobile to a hospital where her body was searched by a physician for concealed narcotics. A nurse testified that while defendant was in the hospital she observed defendant putting her hand in her coat pocket and called one of the agents, and this agent testified that he took the coat into an adjoining room and out of the presence of the defendant found in the pocket of the coat a rubber finger stall containing thirteen grains of heroin wrapped in two paper-covered packets. The agents testified that the pocket of this coat previously had been searched and nothing found therein. Defendant denied any knowledge of the heroin, and denied that she had at any time had it in her possession or placed it in the pocket of her coat.

This brief recital makes it clear that while the evidence was sufficient to support the judgment, it was of a character which might well create in the minds of the jurors a reasonable doubt of defendant’s guilt and thereby result in her acquittal.

The record shows that the blank form of verdict finding the defendant guilty, which was given to the jury for their use and was actually signed by the foreman and returned as the verdict of the jury, had the name of the trial judge signed to it, with a penstroke drawn through the signature. This unusual circumstance is relied upon by appellant as prejudicial error. Appellant freely concedes that this signature was not affixed by the judge with any intention to influ

[762]

ence the verdict, but was a pure inadvertence which the judge attempted to rectify by afterwards drawing the penstroke through it. The question presented on appeal however is not affected by the admitted fact that the trial judge innocently affixed his signature to the verdict. It needs no citation of authority to support the truism, so well known and often repeated, that juries are alert to take their cue from any intimation, real or fancied, of the trial judge as to what verdict he believes they should return.