People v. Evans

BARNARD, P. J.

The defendant and one Stanton were charged with the sale of narcotics on October 27, 1954, in violation of section 11500 of the Health and Safety Code. The defendant was also charged with two prior convictions of felony. He pleaded not guilty, but admitted the prior convictions. A jury found him guilty and he was sentenced to prison. He has appealed from the judgment on the sole ground that the court refused to give instructions on the doctrine of entrapment, which were requested by him.

As stated by the appellant, the evidence was without conflict except as to minor details. On October 16, 1954, one McBee, a state narcotic officer who was accompanied by- one Covington, saw the appellant in a small café in San Diego. McBee inquired of Evans as to where he could obtain some marijuana, and Evans referred him to a man called “Junior.” Later that night McBee saw Evans on the street and complained that the “stuff” he. had gotten from “Junior” was bad. On several occasions over the next few days, McBee saw Evans and asked his help in locating the person from whom McBee had purchased the bad narcotics on the 16th. Evans told him that he did not know the person’s real name but would try to find out. On October 27, at about 8 p. m., Evans and Stanton were walking on Market Street when they met Covington. Covington inquired of Evans about purchasing some marijuana. Evans testified that he told him to see

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Stantou; that Covington and Stanton started to walk off; that “then Stanton called me, and said ‘Come on’ ”; that they walked to the corner and he, Evans, said he was going to the barber shop; that Covington said “We will drop you off there. Come on”; that he went on with them and in about a block they saw McBee parked in a car; that Covington got in first and then he and Stanton got in; that McBee asked “Where to ? ”; that Stanton gave McBee directions, and after they had gone a few blocks Stanton told McBee to stop; that Stanton got out, walked off a little ways, and “went down in front of his pants”; that Stanton then came back, got in the car and “leaned over to McBee ... in other words, they did some transacting”; that McBee asked “Is this good?” saying he had been ‘ ‘ palmed ’ ’ once and wouldn’t like it to happen again; that “I spoke up and told him yes, it was good”; that when he got out of the car McBee handed him two one dollar bills; that he asked “What is this for?” and Covington said it belonged to Stanton; and that he then said, ‘ ‘ Come on Stanton, I got two bills.” Appellant further testified that McBee did not say anything to him about the price; that he had never sold any marijuana; that he did not intend to sell marijuana to McBee on this occasion; and that he told the officers that “everybody I ever knowed sold them three for two.” Evidence was received that he had told the officers, in an interview, that on the 27th he had told McBee that these cigarettes were good; that he always tells inquirers where to get “hot stuff”; that “If a guy says it is all right . . . why I tell a guy I stand behind it”; that he told McBee on the 27th “I stand behind it”; and that the regular price of marijuana cigarettes was three for $2.00.