People v. Watson

WOOD (Parker), J.

In four counts of an information defendant was accused of selling marijuana to a minor, in violation of section 11714 of the Health and Safety Code. In count 5 he was accused of unlawfully possessing marijuana. He admitted an allegation of the information that he had been convicted previously of violating section 11500 of the Health and Safety Code, a misdemeanor. In a trial by jury he was found guilty on the five counts. His motion for a new trial was granted as to count 5 and was denied as to the other counts. Count 5 was dismissed. He was sentenced to state prison, and it was ordered that the sentences on the four counts should run consecutively. He appeals from the judgment.

Appellant contends that the court erred in refusing to give an instruction requested by him; and erred in receiving evidence regarding possession of marijuana.

Michael Greenwood, who was 17 years of age at the time of the alleged sales, testified that about June, 1957, while he and defendant were near a gasoline station, he gave defendant $35 for a half pound of marijuana, and he received that amount of marijuana from defendant; the marijuana, which was in a paper bag, had the appearance of green crushed leaves; he (witness) rolled the leaves into cigarettes; he smoked some of the cigarettes; when he smoked the cigarettes his mouth and throat became dry, and he became sleepy and hungry; the lift which he got from the smoking was similar “to being drunk”; while he was smoking he was listening to music which sounded as if the band were next to him; the extra marijuana cigarettes which he did not smoke he sold to persons of his “age group” for 50 cents a cigarette.

Greenwood testified further that about two days after the sale above referred to, while he was at defendant’s home, he gave defendant $12 for two “cans” of marijuana; defend

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ant gave him that amount of marijuana; a “ can ’ ’ of marijuana is approximately the amount that could be put in a Prince Albert tobacco “pocket tin”; about 80 cigarettes can be made from “a can” of marijuana; he made about 15 cigarettes from that marijuana; while he was smoking six of those cigarettes his mouth became dry, and the music to which he was listening seemed as if it were next to him.

Greenwood testified further that in the winter of 1957, he bought marijuana from defendant twice in one day; before going to defendant’s house on that day, he (witness) called defendant by telephone at LOgan 9-6895; about 1 p. m. of that day he went to defendant’s house and paid him $6.00 for half a can of marijuana; about 6 p. m. of that day he returned to defendant’s house and purchased half a can of marijuana from defendant; after each of those purchases he (witness) rolled the marijuana into cigarettes and he smoked several of the cigarettes; the smoking produced the same effects as the previous smoking had produced.