People v. Torres

GRIFFIN, J.

Defendants and appellants Juan M. Torres, Mario Garcia Tapia and Alfredo Barela Estrada were charged and convicted by the court sitting without a jury, with the crime of illegal possession of marihuana. The main point involved in this appeal is the sufficiency of the evidence to support the finding of possession.

Late at night on November 25, 1949, two officers stopped a Chevrolet sedan being driven by defendant Torres. Defendant Tapia was seated in the back seat at the time. Defendant Estrada was in the front seat with Torres. The unusual weaving of the car, as it proceeded down the highway, attracted the officers’ attention. Upon searching it the officers found four marihuana cigarettes, neatly rolled under a blanket which covered the front seat. The boys, when separately questioned, claimed that they had driven to Fresno to a dance or show that evening, denied having any .knowledge of the ciga

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rettes being in the car, and told somewhat conflicting stories of their activities in Fresno and as to picking up additional passengers. One defendant claimed they picked up four boys on their return to their home and that all four of those boys sat in the back seat. Another defendant stated that after coming out of the show they picked up four boys and they drove them home; that two of them sat in front and two in the back seat. When questioned by an inspector none of the defendants mentioned about picking up any “hitch-hikers.” When later questioned by a deputy sheriff they said they picked up

one

hitch-hiker on the way home and that he sat in the front seat. At another interview they said they picked up three Mexican boys who rode in the back seat and the three defendants rode in the front seat and they all went to a dance.

When the car was stopped by the officers Tapia seemed to be fumbling with something. The driver was nervous when the cigarettes were found. They were discovered in the center of the front seat and were firm, round, in good condition, and not mashed. The officers showed them to the defendants, stating that they believed they were marihuana. Torres replied that they had had other passengers in their car and they must have belonged to them. Defendant Tapia claimed that he did not own the car but borrowed it from one Famio Garcia, about four or five days prior to their arrest. Torres and Estrada stated that Tapia had had the car two or three weeks prior to that time.