People v. Flores

GRIFFIN, J.

Defendant-appellant was convicted by a jury of violating section 11500 of the Health and Safety Code (possession of narcotics) on July 4, 1957. He admitted a prior conviction of said section in Riverside County. A motion for new trial was denied and he was sentenced to San Quentin prison.

Defendant lived in a nine-room house belonging to him and

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his sister, at 943 H Street in Brawley. On that day nine officers, armed with a search warrant, surrounded the home and on a call, all entered at different doors. As the captain entered the living room he saw the defendant run from there through the doorway to the dining room and kitchen and toward the bathroom. Another officer met defendant there and he was placed under arrest. The search warrant was shown to him and a search of the house followed. In the bathroom, under the tub and behind a 2 by 4 casing was found a penny match box. A photograph of it was taken while in that general position. It contained four pieces of paper folded to form packets. One proved to be a marijuana cigarette and the rest heroin. It was then shown to defendant and he was asked if he knew how it got there and what it contained. Defendant replied he did not know unless the police had placed it there. The paper used to form the bindles in the match box was apparently torn from a writing pad found in a dresser drawer in the bedroom which defendant and his wife customarily occupied. Defendant’s wife, sister and three children were in the home at the time of the search. Defendant and the two women were arrested. Defendant then told the officers: “I am the one you want; don’t take my wife and children; let them alone.” (Defendant, at the time of trial, denied this conversation.) He said that was all that was in the house and the car was “clean.” Defendant claimed the writing pad found by the officers was purchased by him in January, 1957, and he used it to keep track of his restaurant business transactions, and his wife and sister used it to keep a grocery list and to write letters. He claimed that he, his wife and family and his sister did not move into these premises until February, 1957, and before that time it was occupied by defendant’s brother-in-law, Reyes, who testified that sometime between April and May 24th, 1957, he purchased one marijuana cigarette and about one spoonful of heroin from a street peddler whose name he did not know; that he cut some paper from the writing pad and wrapped the heroin in it, placed it with the marijuana in the match box, under the bathtub; that he took part of it with him when he left but he did not tell defendant about leaving the remainder under the tub; and that he served 100 days in jail in Fresno as a user.