People v. Rodriguez

FOURT, J.

In an information filed in Los Angeles County on August 3, 1956, the defendant, with Gene Paul Adair, was charged with a violation of section 11500, Health and Safety Code, in that they did, on or about July 14, 1956, have in their possession certain

cmnabis sativa

(marijuana), and that prior to the commission of the offense alleged defendant had, in 1948, been convicted of a violation of section 11500, Health and Safety Code, and in 1951, was convicted of a violation of section 11500, Health and Safety Code, and served a term of imprisonment therefor in the state prison. The defendant pleaded not guilty and denied the prior convictions. At the trial the defendant and counsel for both sides waived a jury trial and the defendant’s case was submitted on the transcript of the preliminary hearing. The defendant was found guilty as charged and the prior convictions were found to be true as alleged, and thereupon he was sentenced to the state prison. This appeal is from the judgment of conviction.

The facts, as unfolded by the evidence, are substantially as follows: Stanley Fletcher, a deputy sheriff, some time before noon on July 14, 1956, received information from Sam Shapiro, who owned the property at 406% South Maple Street, Montebello, that a young man, described as tall and slim, had rented this property on June 17, 1956, and that such person had used the name of D. R. Myers; that Shapiro visited the property July 13, 1956, and observed that the back door was open; he talked to different tenants and was informed that they had seen no one entering or leaving the premises since it was rented; Shapiro went inside and the establishment appeared to be deserted; he found three suitcases, two in a linen closet and one in a clothes closet; upon opening one of the eases he found 10 bags containing a green leafy substance, and in another case he found the same substance ; Shapiro took one of the bags to the Montebello police department.

After receiving the information above set forth, Fletcher went to the Montebello police department and examined the contents of the bag and observed that it appeared similar to the plant marijuana or cannabis sativa. Fletcher, with other officers, then set up a surveillance at the property. When they arrived at the property, about 1 o’clock p. m.,

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