People v. Shephard

LILLIE, J.

From a judgment of guilty of a violation of section 11500, Health and Safety Code (selling, furnishing and giving away heroin), after trial before the court without a jury, defendant appeals. He was charged by way of indictment, with one Clifford Barnes not before this court. The only issue before us is the sufficiency of the evidence to support the judgment, appellant claiming that the lower court’s implied finding that he furnished the heroin handed by Barnes to the police officer is not justified by the evidence. That there is no merit to this contention is borne out by the record before us and the law of this state.

Viewed in the light most favorable to the judgment of conviction, the evidence discloses that defendant was introduced to Officer Renty, an undercover narcotics agent, by his codefendant, Barnes, on April 1, 1958, at approximately 1:30 p. m. at 24th and Second Avenue. Barnes said to the officer: “This is Chet. He is the guy that is going to turn the deal for you.” However no conversation then actually occurred between defendant and the officer, but the defendant got into the car and directed Renty to drive to Cimmaron south of 54th Street. At that location, defendant left the car and said to the officer: “Keep driving around the block until I get back. ’ ’ He was gone approximately 40 minutes, during which the officer and Barnes continued to drive around the block. When defendant returned to the car he said: “Man, it sure scares me to walk around with this much stuff on me . . . the chick told me the police had been watching the place

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in a panel truck, and I was afraid to come out. If the police caught me with this much stuff on me they would think I was dealing . . . drive back. ’ ’ The officer told him he would have to stop for gas, but defendant said: “No, man, you can’t stop with all this stuff on me; drive me back to my pad.” When they arrived at 24th and Second Avenue, Barnes and defendant got out of the car and went into the latter’s apartment, leaving the officer in the automobile. Defendant did not return to the car, but Barnes came out and shortly thereafter gave the officer an envelope containing heroin.

Approximately two weeks later, around April 17th, Benty, accompanied by another officer (Nash) concealed in the trunk of his car, saw defendant alone at Second Avenue and 24th Street. Benty said to him: “I would like to go through the same transaction again. ...” He asked him if he remembered the last deal they had and defendant said “yes.” He said he would like to do it again and defendant said: “O.K., just a minute. ’ ’ Pie went upstairs to his apartment and upon his return to the car the officer gave him $125 in cash. Defendant counted the money, “kept feeling it” and said it seemed as if it had powder on it. The officer drove him at his direction to Cimmaron just south of 54th Street and defendant got out, walked south to an alley, turned into it and disappeared. He was gone 10 minutes. The officer waited in the car and when defendant returned he told him the woman hadn’t that much “stuff” on hand and would have to go get it, and they would have to wait until she returned. They waited 20 minutes during which defendant asked him what he was going to do with so much ‘' stuff. ’ ’ The officer replied he “ was going to deal it ’ ’ and they discussed it further, defendant asking “who is (was) going to deal it” for him. Thereafter, defendant returned to the alley, came back and told him: “The chick hasn’t gotten back yet”; said he knew where she had gone and suggested they go there and rush “the deal up a little.” They drove north on Arlington where .they stopped and Officer Nash arrested defendant.