People v. Conlon

VAN DYKE, P. J.

Each appellant herein was convicted on two counts of violating section 11500 of the Health and Safety Code. They appeal from the judgments and from the orders denying their separate motions for new trial.

The first count of the indictment against appellants charged them with unlawfully possessing, transporting, selling, furnishing or giving away marijuana, committed on July 22, 1955. The second count charged a like offense committed on July 25, 1955. As to Count One, the evidence may be summarized as follows: One Nick Alvarez was employed by the sheriff’s office of Stanislaus County during the month of July, 1955, in the capacity of an undercover operator in the narcotics detail. While acting in this capacity on July 22, 1955, he observed the appellant Robert Conlon in an alley near 7th Street in Modesto. Conlon called out to Alvarez as

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Alvarez drove by in his auto. Alvarez stopped and Conlon approached. After some conversation he told Alvarez that he wanted some marijuana. Alvarez said he did not have any, but if Conlon knew where he could pick up some, he would get it. Conlon then got into the car and told Alvarez to drive to a certain point in Modesto. There they found several men sitting in a park. Conlon got out, talked to some of the group and returned to the car, telling Alvarez that one of the men had marijuana at his house and had gone to get it. When that person returned, Conlon asked Alvarez for a dollar and on receiving it, walked toward the other man and handed him two one dollar bills, receiving an object. Conlon returned to Alvarez and told him that if he wanted to get “high” they would leave with another man in his automobile. After driving out toward the country, Conlon lit a cigarette, the object he had received, but there was some talk about its being of unsatisfactory quality, and they all returned to the park. There, they observed a Buick car drive up, and Conlon said the driver had some “good stuff” with him. He then walked to the Buick, in which appellant Staats was seated, handed Staats something and then returned to where Alvarez was waiting. He gave Alvarez a brown cigarette. Alvarez asked him how much marijuana Staats would sell for $10. Conlon returned to Staats, talked with him and then told Alvarez that Staats said he would give him half a can for $10, and that they were to return in half an hour. Alvarez and Conlon left and later returned. Staats soon drove up in his car. Conlon went to him, talked with him and returned to Alvarez, asking for the $10. He received it, went back to Staats, reached into the car and took out a package which he brought back and delivered to Alvarez. Before handing the package over, he told Alvarez he would take some marijuana in payment for his troubles in the transaction. He did so, delivering the balance to Alvarez. It was shown that this was marijuana.