People v. Williams

SHINN, P. J.

In a jury trial upon an information charging him with selling heroin and offering to sell marijuana, Arthur Lee Williams was convicted of the former offense and was sentenced to state prison. He appeals from the judgment.

[625]

It is not contended on the appeal that the evidence was insufficient to support the verdict. Williams admitted selling the contraband to a state narcotics inspector. His defense was that he was entrapped into committing the offense by one Altee Haney, an informant acting under the inspector’s direction. Appellant caused Haney to be served with a subpoena to attend the trial; Haney did not appear; a bench warrant was issued; appellant obtained two postponements of the trial date in order to locate Haney; September 11, 1957, the matter was again called for trial; appellant sought a further postponement to locate Haney as the latter’s whereabouts were unknown; the court denied his motion. The contentions on the appeal are that Williams should have been granted another continuance and that the court erred in excluding from the evidence a tape-recorded statement allegedly made by Haney one month after the sale of the heroin. We have concluded that the contentions are not sustainable and that the appeal is without merit.

On April 25, 1957, Inspectors Lennon and Ojeda of the State Bureau of Narcotics Enforcement arrived in San Luis Obispo to conduct an undercover investigation of narcotics activities. The officers were introduced to Altee Haney by a district attorney’s investigator who told them that Haney was an informer; they knew Haney as “Butch” and did not learn his true name until it was disclosed at appellant’s preliminary hearing.

The following evening, Inspector Ojeda went with Haney to the Morocco Club, a bar frequented by members of the Negro race. Haney was to indicate the patrons who were engaged in the traffic of narcotics. While the inspector was sitting at a table, appellant approached and introduced himself. The next night, April 27th, Ojeda returned to the premises. He drove onto the parking lot just as a car containing Williams and Haney was leaving; the two men hailed Ojeda, who parked and walked over to their car. After a short conversation Williams asked the inspector if he wanted to buy some narcotics; Ojeda replied that he did. The two men drove away, promising to return later in the evening. Ojeda entered the establishment. Several hours later, he saw Williams and Haney standing at the bar. Appellant motioned to Ojeda to join them. Ojeda then arranged to buy two bindles of heroin from Williams for $15; Haney did not participate in the negotiations. The inspector gave the money to appellant, who left the premises and returned in a few minutes. Williams led