People v. Moreno

CRAIL, P. J.

This is an appeal from a conviction of selling, furnishing and giving away flowering tops and leaves of Indian hemp in violation of the State Narcotic Act. The defendant also appeals from the verdict and from the order denying his motion for a new trial.

The appeal from the verdict must be dismissed for the reason that it is unauthorized by law. (People v.

Bratten,

137 Cal. App. 658 [31 Pac. (2d) 210];

People v. Wilson,

7 Cal. App. (2d) 543 [46 Pac. (2d) 229].)

At about 10:30 P. M. an employee of Port McArthur, who was assigned by the commander of the fort to act as an “operator” for the police authorities by reason of the sale of marihuana to soldiers of the fort, approached defendant, who was standing next to a lamp standard on the corner of Fourth Street and Harbor Boulevard, San Pedro, and after talking with appellant for a few minutes purchased a marihuana cigarette from him for the sum of twenty-five cents. The transaction was observed by Officer Reid of the Narcotic Detail and Inspector Harrigan of the State Narcotic Division, who were on the opposite corner approximately fifteen or twenty feet away, and who testified. Officer Reid then walked west on Fourth Street, at which time the “operator” handed to him the cigarette and walked away. The officer watched the defendant who entered a beer or pool hall where he remained about two minutes. Upon his reappearance the defendant entered a vacant lot and went behind a brick building, and when he returned to the sidewalk Officer Reid and Inspector Harrigan placed him under arrest. They then searched defendant, and not finding any marihuana cigarettes on him, took him behind the brick building and asked him where his “plant” was. He denied having a plant and stated

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that he went there for a certain purpose, a call of nature, and said to the inspector, “Amigo, give me a break. I served two jolts in the big house and have served time in the city for marihuana”.

Defendant was taken to his automobile, which was parked on Beacon Street between Third and Fourth Streets, and on searching it the officers found a lot of marihuana seeds in the trunk and under the front seat. While seated in the police car the defendant was asked how long he had been selling marihuana, and he stated that he had previously sold marihuana but the town was so “hot” he had quit. He was asked how much money the “operator” had given him for the cigarette, and he stated that he had received no money for it but had given the cigarette to the “operator” for nothing.