People v. Seely (1944)

MOORE, P. J.

Appellant and his codefendant were accused of violating section 11160, Health and Safety Code, by having in their possession flowering tops and leaves of Indian Hemp, scientifically classified as

cannabis sativa

and familiarly known as marihuana. They were convicted by a jury. Prom the judgment sentencing him to serve a year in the county jail Rumsey appealed on the following grounds:

(1) Inefficiency of the pleading, (2) insufficiency of the evidence, (3) errors in the admission of certain testimony, (4) errors in the giving of certain instructions, and (5) the violation of public policy in the method of apprehending defendants.

A brief narrative of the facts impliedly found will serve to dispose of all contentions. On July 10, 1943, the State Narcotic Detail assisted by the Los Angeles police had under surveillance one Bonnie Bays suspected of peddling marihuana. Some of the officers stealthily occupied an apartment above that of Bonnie and her husband. Others kept watch on their movements in the streets. Bonnie had made a number of sales under the eyes of the officers. Her telephone rang about 8:00 p. m. She and her husband left their apartment on Seventh Street near Vermont at 8:30. Prom Seventh Street she alone walked one block north on Vermont and entered a drive-in restaurant on Wilshire Boulevard. While she was on her way Officer Mott and Inspector Beckner drove to the drive-in, saw her enter the grounds and walk directly to a Packard convertible coupé occupied by appellant and his codefendant. She took her seat to the right of appellant while Judith sat behind the driver’s wheel. The three remained in the ear ten or fifteen minutes without interruption. After Bonnie had left, the officers, intercepted the Packard as it attempted to leave the premises, searched the occupants, then the glove compartment in which they

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found two packages of marihuana of which both defendants denied all knowledge. They were then driven to the Bays’ apartment on Seventh Street. In the meantime Bonnie had returned home and was promptly arrested. She took from her purse a package of marihuana similar in all external features to the two packages taken from the Packard car. Addressing her customer, Bonnie said, “Don’t blame me for this Juda, because they got me too.” In his interview with the officers Bumsey stated that he had smoked the weed on several occasions; that his friends used it; that it was hard not to use it at times. Further conversation developed additional admissions and other evidences of former friendliness between Judith and the Bays couple. From such proof and other details presented the jury were confronted with no difficulty in finding appellant and his codefendant both possessed the marihuana at the time alleged in the information. Thereafter appellant applied for probation, and in answer to the inquiries of the judge on the hearing appellant stated in open court that he had purchased the marihuana at $10 per package from Mrs. Bays; that he had smoked the weed possibly a dozen times; that the two packages were brought to the Packard car by Bonnie in accordance with previous arrangement with his friend in whose behalf he met Bonnie at the drive-in.