People v. Janisse

WHITE, P. J.

In an information filed by the District Attorney of Los Angeles County, defendant was accused in Count I of a violation of section 11714 of the Health and Safety Code in that he did on or about April 24,1957, furnish to Gerald Lyle De Bere, a minor of the age of 16 years, a narcotic, to wit, marijuana. Count II charged defendant with a violation of the foregoing code section, in that on April 24, 1957; he furnished to Michael Stewart Coonce, a minor of the age of 15 years, a narcotic known as marijuana. It was further alleged that defendant had been previously convicted of a violation of section 11500 of the Health and Safety Code, a felony, in the Superior Court of Los Angeles County, on January 17, 1956. Defendant pleaded not guilty, and denied the prior conviction. When the cause was called for trial, a jury-trial was duly waived, and by stipulation the cause was submitted on the transcript of the testimony adduced at the preliminary examination, each side reserving the right to offer additional evidence, which they did. Defendant was adjudged guilty on both counts. No finding was made on" the allegation of a prior conviction. Defendant was sentenced to state prison on each count, the sentences to run concurrently. Prom the judgment of .conviction defendant prosecutes this appeal.

The factual background surrounding this prosecution may be summarized as follows:

. Jn April of 1957, the minor Coonce lived at 5018 Seventh Avenue, in the city of Los Angeles. Some 20 workmen were

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engaged in the installation of a sewer in the immediate vicinity of said minor’s home. Defendant was one of these workmen and worked 11 right in front” of the minor’s home. On Tuesday morning, April 23, 1957, the two minors, accompanied by one Kenny, drove up to the home of Coonce and entered. When they returned to the automobile defendant spoke to them saying “something about us looking like we came out of the house smoking a joint.” The minor Coonce “Just laughed” and all three entered the vehicle. The next morning, April 24, the minor De Bere again came to the home of Coonce. The former observed defendant and waved to him. Both minors had a conversation between themselves concerning marijuana. De Bere inquired of Coonce, “I wonder if that fellow out there (referring to defendant) has got any weed?” to which Coonce replied, “I don’t Imow. Ask him.” Thereupon, both minors went out to where defendant was working in front of the house. Coonce inquired of defendant, “Do you have a joint?” Defendant answered in the affirmative and handed Coonce a marijuana cigarette. Both boys thanked defendant and Coonce handed him 50 cents. Defendant stated he was hungry and the minors offered to fix him a lunch. Returning to the house Coonce obtained a sandwich which he took to defendant who then returned the 50 cents previously given him.