People v. Barnett

WOOD (Fred B.), J.

The defendant has appealed from a judgment entered upon a verdict of guilty of two counts, one for unlawful possession of a preparation of heroin, and one for an unlawful sale of heroin, each in violation of section 11500 of the Health and Safety Code. He has also appealed from an order denying his motion for a new trial.

He bases his appeal upon asserted insufficiency of the evidence to sustain the verdict on either count and errors of law occurring at the trial in respect to the admission and' exclusion of evidence. We will consider, first, the sufficiency of the evidence.

The defendant was apprehended by an inspector of the state Bureau of Narcotic Enforcement.

The inspector gave two marked bills to an operator, not identified by name, who was working under his instruction. The inspector observed this operator when she left him and got into an automobile driven by the defendant. The defendant drove off. The inspector followed for about five minutes, after which they left his view. About one and a half hours later the inspector met the operator at Bush and Mason Streets, San Francisco. The inspector knew nothing of the operator’s whereabouts during that interval of time. She handed him a paper which contained heroin. Defendant testified that the first time he saw that paper was when he was in court at the preliminary hearing.

The inspector then drove to Haight and Octavia Streets and stopped near 150 Haight Street where the defendant resided. He observed defendant’s car unoccupied and unlocked. He searched it but found no narcotics. Defendant then approached the car. The inspector with defendant’s key opened the trunk of the car and searched but found no narcotics.

Then they went to defendant’s apartment which the inspector searched but found no narcotics. He was there about an hour and a half. In defendant’s wallet the inspector found the $5.00 and $20 bills which he identified by serial number. The defendant had on his person altogether between $60 and $70 according to the inspector or between $80 and $85 according to the defendant. Defendant said he did not lmow where he got those particular bills which the inspector identified; that he had been with a.Mrs. Murray that afternoon, who owed him $75 and that afternoon paid him $37.50 of it.

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