People v. Finn

[153]

KAUFMAN, J.

This is an appeal from a judgment of conviction after jury verdict in the Superior Court in and for the County of San Francisco, Appellant was convicted of the crime of conspiracy to violate section 11500 of the Health and Safety Code and with violation of that section. Appellant pleaded not guilty to both of the crimes charged. The indictment was amended to charge appellant with two prior felony convictions, which appellant admitted. Motion for new trial was denied.

The sole issue raised on this appeal is that the court committed prejudicial error in refusing to give an instruction requested by appellant on the doctrine of entrapment.

On September 8, 1954, Mr. Bonham, a special employee of the Federal Narcotic Bureau introduced Mr. Durham, a United States Treasury enforcement agent, to appellant, Walter Finn. Bonham then told appellant that Durham had some girls who needed narcotics. To an inquiry as to whether he was still doing business, appellant answered, “Yes.” Appellant then asked Durham, who was using the assumed name of Nate, if he was “the law,” and Durham reassured him by an evasive answer. Appellant asked that he be paid, departed, and returned in 15 or 20 minutes with narcotics which he delivered to Durham. He then asked Durham to drive him to the vicinity of Fillmore and Geary Streets, as he had other people to take care of.

On September 9, Durham telephoned appellant at the number which he had secured from him on the previous day which appellant had told him to call whenever he wanted narcotics. Shortly afterward they met. Durham said he would like to get twelve papers of the “stuff,” and appellant stated that he could give him twelve $5.00 papers for $50. Durham gave him the money, and in 10 or 15 minutes he returned with the narcotics.

On September 15, 1954, Durham met appellant at about 5:30 p.m. Appellant said, “I have some talk for you” and stated that he had a new connection who was handling good stuff. He inquired if Durham needed any. Durham said he could use two spoons. When appellant said it wasj.‘very good stuff,” Durham said he could use four spoons if the price was right. The agent then drove appellant to Pierce and Ellis Streets where a Cadillac drove up and parked in front of the agent’s car. Appellant told Durham to wait, saying “there is my connection.” The driver of the Cadillac was appellant’s codefendant Lacey. After some conversation,