People v. Hunter

ASHBURN, J.

Defendant appeals from “the sentence and judgment” herein. He was convicted of violation of section 11500, Health and Safety Code, through a sale of narcotics. The jury also found to be true a charge of two prior felony convictions which defendant had denied.

Appellant does not claim insufficiency of evidence but complains of the instructions and alleged misconduct of the deputy district attorney. The facts are simple. On February 28, 1956, at about 9:45 p. m., Officer David M. Means, Jr., of the Narcotics Squad of the Los Angeles City Police, conversed with an unknown man outside the Twentieth Century Café. They entered together. The stranger pointed at defendant who was standing near the back of the room. Means, in plain clothes, approached defendant who said, “give me the bread,” which in narcotics parlance means, “give me the money.” Means handed him two $5.00 bills and two $1.00 bills, whereupon defendant turned and started toward the rear of the café while counting the money. He shortly returned and handed Means a small white paper “bindle” or package of heroin. Means, accepting the same, said, “You aren’t going to burn me?” which, when translated, means “You aren’t going to give me something other than narcotics.” Defendant said, “I don’t deal that way.” Means left, took

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the heroin with him and preserved it as evidence. In the course of some 15 to 20 minutes he met Officer Gutierrez, with whom he was working. He described defendant to Gutierrez in such manner that the latter was able to identify him when he saw defendant a little later that same evening. Means also told Gutierrez what had happened in the café between him and defendant and that he had paid him $12; this hearsay was brought out by defense counsel on cross-examination. Gutierrez then went to the café, saw defendant, asked him to identify himself and this the defendant did. About a week later officer Means saw defendant in front of the Golden State Hotel and tried to buy a narcotic from him —asked if he had any “stuff’’—and was told, “No, but I will have some in about ten minutes.” Means did not wait but made a purchase from another suspect. Defendant on the witness stand denied all the salient portions of Means’ and Gutierrez’ testimony. However, he admitted the two previous felony convictions, one a robbery and burglary, the other a manslaughter. The jurors believed the officers rather than the defendant.