People v. Mimms

PETERS, P. J.

Defendant, Edward Mimms, was charged with two counts of sale and one count of possession of narcotics in violation of section 11500 of the Health and Safety Code. At his trial, one of the counts charging an unlawful sale was dismissed. He was convicted, after jury verdicts, of the two remaining counts, and judgment was entered accordingly. He appeals, in propria persona, from the judgment and from the order denying his motion for a new trial.

Appellant challenges the sufficiency of the evidence. An examination of the record demonstrates that the finding of guilt on both counts is amply supported.

In March of 1951 appellant lived in Port Chicago, Contra Costa County. There is a naval magazine located near the town. Because of complaints that marijuana was being sold nearby, two officers at the magazine asked for volunteers to try to locate the source of supply. Creason and Whiting, Coast Guard seamen, volunteered. The officers promised to reimburse the seamen for any expenditures made by them for the purchase of marijuana. The two seamen, on the evening of March 9, 1951, proceeded to town pursuant to this arrangement. They ascertained, from an unidentified soldier, that marijuana could be secured at the Harlem Club. The soldier did not name the person from whom the marijuana could be secured, but described him.

About 10 p. m. the two seamen arrived at the Harlem Club. Mimms was sitting at the bar talking to the bartender. The two seamen recognized Mimms from the description given them .by the soldier. Creason and Whiting sat down next to Mimms.

[312]

Creason testified that he asked Mimms if he had any marijuana ; that Mimms said that he did, and offered to sell him three “sticks,” or cigarettes, for $2.00; that Mimms left the club and shortly returned with the three cigarettes for which Creason paid him the $2.00; that Creason then asked if Mimms had any more and Mimms said “yes”; that Mimms again left the club and returned with six cigarettes, for which Creason paid him $4.00. Whiting was present when the above events took place, and corroborated the story told by Creason. Mimms was arrested a few hours later. He had no marijuana on his person, in his automobile, or in his rooms.