People v. McDaniel

SHINN, P. J.

Harold L. McDaniel was indicted for and in a jury trial convicted of selling heroin. His motion for new trial was granted upon the ground of the insufficiency of the evidence to support the verdict and the matter was re

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tried to the court. McDaniel was convicted at the second trial and was sentenced to state prison. He appeals from the judgment and the denial of his motion for new trial.

Richard Velasquez, an undercover narcotic inspector for the State of California, was the only witness for the People. The following is the substance of his testimony. At about 9 p. m. on August 19, 1957, Velasquez saw appellant standing outside a drive-in restaurant on the southwest corner of Adams and Normandie in Los Angeles. The inspector approached McDaniel and asked him “if he had anything.” Upon receiving an affirmative answer, Velasquez asked appellant if he had a “ten dollar paper.” McDaniel said that he did and asked to see the inspector’s money. Velasquez replied that he would have to see the “stuff” first. Appellant told the inspector to acompany him and the two men started to walk south on Normandie. McDaniel said that he was one of the biggest peddlers in the area and supplied most of the peddlers on the corner. At his request, Velasquez exhibited the $10. Appellant then departed, returning a few minutes later. The inspector gave him the money and McDaniel handed Velasquez a rubber balloon that was proved to contain heroin. Velasquez then asked appellant where he could see him again if he wanted more narcotics and McDaniel replied that he could see him “right there at the corner.”

The inspector testified that he did not recall having seen McDaniel prior to August 19th. He saw him in the vicinity of the drive-in on three occasions between August 19th and September 13th. On one of those occasions, McDaniel told Velasquez to be careful because “the heat is around here.” On another occasion, Velasquez gave a description of appellant to two other narcotic inspectors who picked him up for questioning and released him after ascertaining his name and address. Velasquez was standing beside McDaniel at the drive-in when the officers accosted him. Appellant was arrested on September 13th during a round-up of narcotic peddlers in which 25 other persons were also arrested.