People v. Sterling

WOOD (Parker), J.

Defendant Bertram S. Sterling was convicted, in a non jury trial, of violating section 11500 of the Health and Safety Code, in that he unlawfully had heroin in his possession. An allegation of the information that defendant had been previously convicted of violating said section was found to be true. Defendant appeals from the judgment.

Appellant asserts that the evidence was insufficient to support the judgment; the corpus delicti was not established; and the arrest, search and seizure were illegal.

Officer Burkland testified that, on the day before the arrest, he received information from an informer that a person named Bertram, who lived in room 219 of the Royal Hotel, was a user and peddler of heroin; the arrest was made on October 1, 1956, about 3:30 p. m.; on the day of the arrest (and preceding the arrest) Officer Burkland and Officers Stephenson and Barry met a second informer at the rear of the hotel, and from that place the second informer pointed out room 219 of the hotel; the second informer told them that Bertram was a user of

heroin;

Officer Burkland had received reliable information from the first informer on prior occasions, but he had not received information from the second informer; Officer Burkland went to room 219, knocked on the door, and stated that he was a police officer; he heard a commotion in the room, and within about 20 seconds the door was opened by Dolores

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Johnson; defendant was also in the room; the window was open; when he (witness) was in the room he saw Officer Stephenson who was then standing in a parking lot (at the rear of the hotel); he (witness) saw a gold ring on defendant’s right hand and he saw a silver ring upon defendant’s left hand; he believed that Dolores Johnson did not have a ring on her hand; Officer Stephenson called his attention to a paper bindle within the wire enclosure (fence) at the rear of the hotel; then Officer Burkland went down to the rear of the hotel and retrieved the bindle and handed it to Officer Stephenson (who was outside the enclosure); Officers Burkland and Stephenson returned to the room where they had a conversation with defendant; defendant said that he had bought the half spoon papers from

“a