Russell v. Superior Court

California Court of Appeal Nov 20, 1970 No. Civ. 10635Published

Before: Coughlin

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Holding. The court held that evidence of a defendant's recent ingestion of a barbiturate, as shown by blood tests and physical symptoms, is sufficient to support a reasonable inference of prior possession, dominion, and control, thereby establishing probable cause to hold the defendant to answer for the charge of possession of a restricted dangerous drug.

Issues

Whether evidence of a defendant's recent ingestion of a barbiturate is sufficient to establish probable cause for a charge of possession of a restricted dangerous drug.

Disposition. denied

Quotations verified verbatim against the opinion

“From this fact it may be inferred he had dominion and control over the barbiturate in a quantity useable for consumption, otherwise he would not have been able to ingest it.”

“Finally, from his exercise of dominion and control over the barbiturate it may be inferred he had knowledge of its presence and its restricted dangerous drug character.”

Opinion

COUGHLIN, J.

Petitioner Russell was charged in a two-count information with the offense of possession of a restricted dangerous drug in violation of Health and Safety Code section 11910, and possession of such a drug in the “San Diego Honor Camps” in violation of Penal Code section 4573.6; moved to dismiss the information pursuant to Penal Code section 995, upon the ground the evidence before the magistrate did not support a finding of probable cause to hold him to answer; and, upon denial of his motion, seeks a writ of prohibition to restrain further proceedings under the information upon the same ground.

Probable cause to hold an accused to answer to a criminal charge

[1117]

is shown where, from the evidence before the magistrate, “a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion” an offense has been committed and the accused is the offender.

(Bompensiero

Superior Court,

44 Cal.2d 178, 183 [281 P.2d 250];

People

Landry,

230 Cal.App.2d 775, 779 [41 Cal.Rptr. 202].)

For a period of approximately three weeks prior to March 24, 1970, petitioner had been an inmate of a county honor camp; on that date manifested symptoms of barbiturate intoxication including disorientation, staggering, loss of equilibrium, lack of coordination, drowsiness and slurred, hesitant speech; on the morning of the next day, i.e., March 25, 1970, manifested similar symptoms; and was subjected to a blood test which revealed the presence of 1.7 milligrams of barbituric acid per unit of his blood. The presence of barbiturates in the human body acts as a depressant causing symptoms such as those manifested by defendant The quantity of barbituric acid found in defendants blood indicated he had ingested barbiturates within three to ñve days before the test was made.

Russell v. Superior Court

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COUGHLIN, J.

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