People v. Carlton

[476]

McCOMB, J.

From a judgment of guilty of violating section 11500

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of the Health and Safety Code (possession etc. of narcotics) after trial before the court without a jury, defendant appeals. There is also an appeal from an order denying his motion for a new trial.

Viewing the evidence in the light most favorable to the People (respondent) the essential facts are:

On May 15, 1947, between 10:30 p. m. and 11 p. m. defendant was seated in a taxicab in front of 514 South Main Street, Los Angeles. In the cab with defendant in addition to the driver was another passenger named Mr. Young. The cab drove north on Main Street and east on Fifth Street being followed by two police officers in another car, and parked near 725 East Fifth Street.

Shortly thereafter a colored man named Edward Morris came out of an East Fifth Street cafe and approached the taxicab. He leaned into the taxicab and sold defendant two cigarettes containing marijuana for the sum of $5.00. Subsequently defendant was arrested and there was found in his pocket a marijuana cigarette. Edward Morris who was not a police officer was also arrested and in his possession were found two five-dollar bills from which the police officers had made notation of the serial numbers. They had earlier in the evening delivered them to a police informer in Harry’s Cafe located on South Main Street.

The record fails to disclose the journey of the bills from the police informer to Edward Morris.

There are three questions presented for our determination.

First:

Is there substantial evidence to sustain the finding of facts upon which the judgment of guilty was necessarily predicated?

This question must be answered in the affirmative. Two police officers of the city of Los Angeles gave direct testimony of each and every fact set forth above. This evidence constituted substantial evidence to sustain the judg

[477]