People v. Hardeman

WOOD, J.

Appellant, Robert White, and one Hardeman were charged with violation of section 11500 of the Health and Safety Code in that they unlawfully had in their jpossession a preparation of heroin. Hardeman pleaded guilty. Appellant was found guilty in a jury trial. He appeals from the judgment and sentence.

Appellant contends that the evidence was insufficient to support the judgment. Officers found 22 capsules of heroin in the possession of defendant Hardeman soon after he had alighted from appellant’s automobile in which he had been riding with appellant, and they also found 29 capsules of heroin in the clean-out pit of the fireplace at appellant’s home. Appellant argues that the heroin was not in his possession and under his control.

On February 14, 1949, about 4:30 p. m. appellant, accompanied by Hardeman, was driving his automobile north on Union Avenue near Ingraham Street in Los Angeles. At that intersection Hardeman got out of the automobile and entered a near-by alley. Appellant continued north one block, turned right on Wilshire Boulevard, drove one block east and turned right on Valencia Street. Two officers, who were in an automobile and had observed the actions of defendants, apprehended Hardeman in the alley and at that time Hardeman dropped a cellophane package containing 22 capsules of heroin. Three officers, who were in another automobile, followed appellant and apprehended him at Valencia and Ingraham Streets. The officers took the defendants to the office of the Narcotic Division in the State Building, where they questioned them regarding the heroin. Three officers then took appellant to his home. They searched the premises and found a box containing empty gelatin capsules in the medicine cabinet in the bathroom, a bottle containing empty gelatin capsules in a dresser drawer in appellant’s bedroom, a bottle containing 29 capsules of heroin in the clean-out pit of the fireplace (on the outside of the house), and a hypodermic needle and a plastic holder in a chicken coop in the backyard. The officers and the appellant then returned to the State Building.

Officer Hawkins testified that, in a conversation with appellant after returning to the State Building, appellant said

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that the heroin which had been found in the clean-out pit of the fireplace was his; that appellant said that he and Hardeman had purchased some heroin from a man named Mexican Dave for $125, and he (appellant) had paid $75 of that amount and Hardeman had paid $50; and that appellant stated that he and Hardeman then went to appellant’s home, put the heroin in capsules, “more or less” split the capsules between them, and appellant then put the capsules in the “flue.” He also testified that statements made by appellant to him were free and voluntary, and that no force or violence was used upon appellant. At the trial appellant testified that he did not tell the officer that he and Hardeman had purchased heroin or that they had “capped” heroin. He also testified that, when the officer questioned him before they took him to his home, Officer Hawkins hit him in the stomach with a coco-cola bottle wrapped in a towel, slapped his mouth, and kicked him on the leg.