People v. Batwin

VALLÉE, J.

Defendant was convicted of unlawfully having marijuana in his possession. He appeals from the judgment and the order denying his motion for a new trial. The marijuana was found in the home of defendant and his wife. Defendant asserts that possession was not established in that there was no evidence he had any knowledge of the presence of the marijuana in the house or that he had any control over it.

On October 8, 1952, several police officers had defendant under observation at his residence in Los Angeles. On three occasions defendant left the house, went out into the street and returned into the house. On the third occasion, one of the officers approached him and called him by his first name. Defendant ran for the door of the house and slammed it in the face of the officers. The officers then forced entry into the house. Defendant and his wife were there. Defendant was standing nearer the hallway leading into the bathroom than was his wife. On entering, one of the officers heard the sound of rushing water. He went into the bathroom, saw water moving in the toilet bowl and marijuana floating on the surface of the water and around the bowl. He also found a jar with 100 milligrams of marijuana on the wash basin. The officers found several packages of wheatstraw cigarette papers in a drawer of a closet in the bedroom.

Defendant’s wife testified: She heard a banging and pounding on the front door and somebody said it was the police; she ran to the bedroom, got a jar of marijuana and started throwing it down the toilet and spilled some; the jar was kept in a drawer in a wardrobe closet; she had not at any time told defendant she had the jar; she had concealed it from him; she kept the marijuana for her own use and smoked

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it; she had had it a few days; she was not selling it; this was the first time she had used it; she was pregnant and somebody told her it would help her sleep; she did not say anything to the officers about the marijuana belonging to her at the time they arrested defendant. Defendant testified: When the officers were banging on the door he told his wife it was the police; in the house one of the officers asked him if the marijuana was his and he told him it was not. He denied having any knowledge of the presence of marijuana in the house and of his wife’s using it. He also denied that he saw any of the officers outside of the house.