People v. Miller

DOOLING, J.

Appellant was convicted by a jury of three narcotics offenses, possession of marijuana, transportation of marijuana, and furnishing marijuana to a minor. The several offenses were alleged to have occurred on or about October 30, 1956.

The minor, a girl of 15, was cooperating with the police. On October 30, 1956, she was in an automobile with appellant and one Spencer, who was made a codefendant in this case. They drove her to a doctor’s office where she met the officers. She testified that appellant while in the automobile smoked a marijuana cigarette and threw the butt to the ground. Later an officer found the butt of a marijuana cigarette where the ear had been parked. This is the basis of the conviction of transportation.

That same evening appellant, Spencer and the minor were in appellant’s apartment. The minor testified that while there she smoked a part of a marijuana cigarette. In answer to the question who lit this cigarette the minor testified:

“I am pretty sure it was Joe [the appellant] but I’m not positive,” and she further testified that it was handed around from one to the other without any special order. This was the only evidence to support the verdict of furnishing marijuana to a minor.

Later the officers arrived with a warrant. When they arrived at the apartment no marijuana was being smoked. They

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found in the apartment a can containing “traces” of marijuana and some cigarette butts, described by the chemist as “pieces of cigarette paper in there that were burned on one end, which resembled roaches.” A roach is the butt of a smoked cigarette. These showed traces of marijuana. Some seeds of marijuana were found in the dirt in a vacuum cleaner and in an ash tray. This is the basis of the possession conviction.

The evidence was legally sufficient to support all three convictions. One who carries a narcotic on his person in a moving automobile may be found guilty of transportation.

(People

v.

Holliday,