People v. Sills

BRAY, J.

Defendant and codefendant Joyce Sukarman were convicted by a jury of violation of section 11500, Health and Safety Code (possession of heroin). Defendant alone appeals from the judgment.

Questions Presented

1. Sufficiency of the evidence (a) as to heroin in defendant’s eyedropper; (b) as to possession.

2. Timeliness of notice of appeal.

Facts

James Kane, a San Francisco motorcycle police officer, while traveling on Fulton Street, observed a man and a woman (defendant and the codefendant) enter the men’s restroom of a service station. He went to the door and found it locked. At his request the attendant opened the door. Entering, Kane saw Joyce standing in the rear of the washroom with an open

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pocket knife in her hand. Defendant, with a hypodermic needle attached to an eyedropper in his hand, backed up and stepped behind the door. The eyedropper contained a colorless fluid. On the top of the toilet was a rolled up matchbox cover bound with pink thread. In defendant’s overcoat pocket the officer found a measuring spoon, slightly black on the bottom. Plaintiff’s expert testified that these, objects were parts of an addict’s outfit, the spoon being used to warm the heroin solution, the needle and dropper to inject the heroin. The rolled up matchbox cover is used to hold the needle. Officer Kane testified that a knife is used by addicts to open a hole in the arm. Joyce asked Kane for the contents of the dropper, saying that she had not had a shot in some time. Joyce also said that defendant was not an addict and not to blame him as it was all her fault.

Defendant testified that he had been living with

Joyce;

that after giving her money to see a doctor, he left home for work; that while waiting for a bus at a transfer point he saw Joyce coming out of Poster’s. He went up to her and asked what she was doing. She said she was sick. She wanted to go to a restroom, although he tried to persuade her to go home. He followed her into the men’s room of the service station, without saying anything about it being the men’s room. He locked the door at her request. She said she needed narcotics. He tried to dissuade her. She started preparing the narcotic. She wet a little powder which she had in a piece of paper, scraped it off with a knife into a spoon and added water. She then drew it up with the eyedropper, to which she had attached the needle, both of which she took out of her pocket. She then laid the needle and dropper on the tank of the toilet. She pulled up her coat sleeve. Defendant then picked up the dropper. At that moment the door was opened and the officer walked in. Defendant did not back up and step behind the door. Defendant was already by the door. The officer asked defendant what he was hiding in his hand. Defendant said “an eye dropper with some narcotics” which he took from Joyce to keep her from using.