People v. Gem Hang

NOURSE, P. J.

Defendants, charged jointly in an information in three counts with (1) possession of narcotics, to wit, heroin (Health & Saf. Code, § 11500), (2) transportation of the' same (same section), (3) conspiracy to possess and transport the same (Pen. Code, § 182) and each with a prior conviction, which was admitted, were found guilty by the court on the first and third counts, jury trial having been waived and the second count having been dismissed. They were sentenced to San Quentin, the sentences on the two counts to run consecutively. On appeal from said judgment their only contention is that the evidence is insufficient to sustain the conviction on the conspiracy charge. The contention is devoid of all merit.

The evidence shows, among other things, the following without conflict: On December 17, 1953, heroin was found in defendant Wing’s room in a Chinese rooming house at 912 Grant Avenue, part of it concealed in secret compartments of two large hand carved oriental camphor chests. Part of the wrapping of the heroin consisted of Hongkong newspapers. In the office of the Bureau of Narcotics the same evening, Wing stated in the presence of defendant Hang, who had been arrested, and of narcotics agents, that

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Hang asked him that afternoon to keep the two chests, in which Hang said narcotics were concealed, in his room and that he would come early next day to take the narcotics from the premises; that he had known Hang for a year and a half and had made several trips with him aboard the S. S. President Cleveland; that Hang had the chests in his car and that, together with Hang, he carried the chests up to his room; that Wing had told Hang that he did not like to keep the chests around the room, that it was Hang’s stuff. When the above statement was made in his presence defendant Hang stood mute. Thereafter Hang stated in the presence of Wing that he had received the two chests from a certain Leong who had asked him at Hong Kong if he would take the two chests to San Francisco; that he took the two chests on board the S.S. President Cleveland, paid the purser $20 to store them and left them aboard when on December 15, 1953, he arrived with the ship in San Francisco; that on December 17 he cleared the chests through the customs and put them in his ear with the help of a longshoreman; that he then picked up Wing and drove to 912 Grant Avenue where they carried the chests to Wing’s room; that he knew Wing from sailing together on the S.S. President Cleveland. The clearance of the chests from the S.S. President Cleveland by Hang and the putting of them in his car was corroborated by testimony of a United States customs inspector and a longshoreman.