People v. Bagley

FOX, J.

Defendant Baucom was convicted of possession of heroin, in violation of section 11500 of the Health and Safety Code. He appeals from the

judgment of

conviction and the order denying his motion for a new trial.

In the afternoon of August 10, 1954, Deputy Sheriffs Stahl and Talbot were admitted to apartment No. 107 at 187 South Alvarado, in Los Angeles, by defendant Bagley. On searching the premises the officers found on the edge of the bathtub an eye dropper, two hypodermic needles and a prophylactic containing approximately 3 grams (45 grains) of a brownish white powder which, upon analysis, proved to be heroin. Such paraphernalia is ordinarily used in getting an injection of heroin. Also, they found boxes containing packages of cigarette papers, loose rubber bands, small pieces of paper for making bindles, empty 5-grain gelatin capsules and a prophylactic. Such equipment is used by persons trafficking

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in narcotics. The officers found approximately $1,225 in the apartment and on defendant Bagley’s person.

Soon thereafter appellant entered the apartment. He was searched for narcotics but none was found. When asked whether he had rented the apartment he stated that he had rented it under the name of Don Cartier. On the witness stand appellant testified that he rented the apartment on August 1st and explained the transaction as follows:

“I rented the apartment for Robert Bagley, who is my friend of long standing and I didn’t want to give him the money to rent the apartment because I was afraid he would never rent it. I wanted a place for him to live so I rented the apartment for him and put it under another name because I didn’t want it in my name, because I wouldn’t be living there in the first place and I didn’t want to be liable for the next month’s rent.”

At various times during the interview with the officers both appellant and Bagley said they had been living there together. The officers found some men’s clothing in the apartment. Appellant stated that part of the clothes were his and Bagley acknowledged that some of them belonged to him.