People v. Trout

VALLÉE, J.

—Defendant was convicted of unlawfully having heroin in her possession in the county jail of the county of Los Angeles in violation of section 4573.6 of the Penal Code. She appeals from the judgment.

Penal Code, section 4573.6, in pertinent part, reads:

“Any person having in his possession ... in any county, city and county or city jail, road camp, farm, or any place or institution, where prisoners or inmates are being held under the custody of any sheriff, . . . any narcotics, or drugs in any manner, shape, form, dispenser or container, or alcoholic beverage, without being authorized to so possess the same by the rules of the Department of Corrections, rules of the prison or jail, institution, camp, farm or place, or by the specific authorization of the warden, superintendent, jailer or other person in charge of the prison, jail, institution, camp, farm, or place, is guilty of a felony.”

[795]

Defendant’s contention is that section 4573.6 applies to persons who are not prisoners or inmates and does not apply to persons who are prisoners or inmates. She concedes the evidence supports the conclusion that heroin was found in her possession while she was an inmate of the county jail. She says that since she was an inmate the section has no application and she should have been found not guilty. The argument is that section 4573.6 is found in chapter 3 of title 5 of part 3 of the Penal Code; that chapter 3 is titled “Unauthorized Communications With Prisons and Prisoners”; that each of the sections in chapter 3 other than section 4573.6 applies exclusively to persons who are not inmates—hence the Legislature intended that section 4573.6 should not apply to inmates. The argument is ingenious but unsound.

The attorney general argues that the sections in chapter 3 other than section 4573.6 do not apply exclusively to persons who are not inmates. We assume for the purpose of this decision, without so deciding, that defendant’s construction of those sections is correct.

Chapter 3 of title 5 of part 3 of the Penal Code contains sections 4570-4573, both inclusive, 4573.5, 4573.6, and 4574. Chapter 3 was enacted in 1941 and contained sections 4570, 4571, 4572, 4573, and 4574. (Stats., 1941, ch. 106, §15.) Section 4573.5 was enacted in 1947. (Stats., 1947, ch. 1019, § 1.) Section 4573.6 was added in 1949. (Stats., 1949, ch. 833, § 3.) The title or heading of chapter 3 appears to have been in the original enactment. (Stats., 1941, eh. 106, § 15.)