People v. Cuevas

SHINN, P. J.

Porfirio G. Cuevas was accused by information of a violation of section 11500 of the Health and Safety Code in that he wilfully, unlawfully and feloniously sold, furnished and gave away flowering tops and leaves af Indian Hemp (cannabis sativa), commonly known as marijuana. He was also charged with a previous felony conviction, likewise for a violation of section 11500 of the Health and Safety Code. Defendant pleaded not guilty and admitted the prior. Trial was to a jury. Defendant'was convicted and his motion for a new trial was denied. Probation was likewise denied and Cuevas was sentenced to the state prison for the term prescribed by law. He appeals from the judgment and the order denying him a new trial.

Raymond Camacho, an undercover police officer assigned to the vice squad, was the chief witness for the People. The following is the substance of his testimony. At about 9 :30 p. m. on September 14, 1955, he went to Chuey’s Bar, which was located at 1001 South Boyle in Los Angeles. He was dressed in civilian clothes and did not carry a gun or any police identification. He had seen defendant at Chuey’s on two previous occasions and knew him only as “Junior.” Officer Camacho sat at the bar and ordered a small bottle of beer from defendant who was the bartender. After paying for the beer he asked the defendant “if he could fix me up with two.” Defendant told Officer Comacho to give him a dollar and to wait a minute. Camacho gave defendant an unmarked one-dollar bill and saw Cuevas go out the back door of the bar and talk to two men who were seated in a 1 ight-colored ear which was parked at the rear of the premises. Defendant returned shortly and handed Officer Camacho two cigarettes wrapped in brown paper. Camacho then left the bar and went to the police station, where he marked each

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cigarette with his initials, his serial number and the date. He sealed them in an envelope and deposited the envelope with Central Property. The cigarettes, bearing the markings made by Officer Camacho, were received in evidence and were proved to contain marijuana.

Defendant took the stand in his own behalf. He was asked to give his name, which he did. Defendant’s counsel then stated that he had no further questions. On cross-examination the district attorney asked Cuevas whether he worked at Chuey’s Bar, whether he saw Camacho at the bar on September 14th, and whether he sold two cigarettes to Camacho, not knowing that he was an officer. Objections to these questions were sustained on the ground that they were beyond the scope of the direct examination. The district attorney then asked defendant whether he went by the name “Junior,” which Cuevas denied. There was no redirect examination and no other witness was called by defendant.