People v. Robinson

[416]

ADAMS, P. J.

Appellant Robinson, Robert Walden and Richard Walden were charged in an information filed in Solano County, with the unlawful possession of marijuana, in violation of section 11500 of the Health and Safety Code. The two Waldens pleaded guilty. Robinson was convicted by a jury, and now appeals from the judgment which followed.

The contentions of appellant urged as grounds for reversal are that the evidence was insufficient to justify the verdict, that testimony given by his eodefendants, who were called as witnesses for the prosecution, was not corroborated as required by section 1111 of the Penal Code, that the court erred in failing to instruct the jury upon the necessity for such corroboration, and that, at the declaration of a recess, the court failed to admonish the jurors not to talk among themselves or to others about the case.

Appellant admitted that in the evening prior to the arrest of defendants he, Robert Walden and another man went from Vallejo to San Francisco, and that while they were there he put up $35 which he said he lent to Walden so that the latter could pay a bill he owed someone; that they returned to Vallejo in the early morning hours, and first went to the home of Richard Walden, where they found no one at home; that they then went to the home of Robert Walden where they found Mr. and Mrs. Richard Walden, and thereafter all returned to the Richard Walden home. Mrs. Richard Walden testified that when they arrived at her home Robinson and Robert Walden went into the kitchen where, at the table, they had a box with “some stuff in it” that looked like tobacco; and on being shown her testimony at the preliminary hearing of defendants, admitted that she had there testified that “they were rolling up cigarettes.” Within a few minutes, two deputy sheriffs who had been watching the premises, knocked at the door. They testified that Richard opened the door, then closed it for a few seconds before he finally admitted them. They went directly to the bathroom where they found both Robinson and Robert Walden. From the toilet, which had just been flushed, they fished out nine marijuana cigarettes which were swirling around in the bowl. Robinson and Robert Walden were both standing in the room, Robinson being nearest to the toilet. All three of the men were then arrested. Mrs. Walden further testified that when the officers arrived she went out the back door of the house; and on cross-examination conceded that she did so because she knew that there was marijuana in the house. It