People v. Sola

HERNDON, J.

Appellant was charged by indictment with the crime of selling heroin in violation of section 11501 of the Health and Safety Code of the State of California. The indictment was amended to allege a prior felony conviction. Trial by jury was waived. Pursuant to stipulation, the case in chief of the prosecution was submitted on the transcript of the grand jury hearing and appellant’s right to be confronted by the witnesses against him was waived. Each side reserved the right to offer additional evidence.

Officer Rutherford, a member of the Narcotic Detail of the Los Angeles Police Department, testified he knew the defendant, and engaged in a transaction with him on August 4, 1960. At approximately 11 o’clock on said date Officer Rutherford and another person parked in front of an address at 666 West 21st Street in San Pedro. The person with Officer Rutherford got out of the car, and knocked on the door at this address. Appellant came out and spoke to this person briefly, and then went back inside. The person with Officer Rutherford came back to the car and said, “Things are okay.” In approximately five minutes appellant came out to the car and was introduced to Officer Rutherford. Rutherford asked appellant if he could get a gram. Appellant said, “Come back in twenty minutes.” Officer Rutherford and the person with him left and returned in approximately 20 minutes. Appellant came out and got into the car, directing them to 83d and Grape where he said, “I will take the car and then come back here.”

[595]

Officer Rutherford gave appellant two ten-dollars bills and appellant said, “It will be two more dollars.” Rutherford then gave appellant two one-dollar bills. Appellant then made a right turn on Crockett and went out of sight. In approximately 10 minutes he returned and said, “The man just left.” They drove around for approximately 20 minutes and appellant then directed them to Crockett and Nadeau. Appellant again took the car while Officer Rutherford and the other person waited at the corner. Appellant was gone for about 35 minutes and then returned to pick up Rutherford and the other person. Appellant handed a cellophane package to the person with Officer Rutherford and this person, in turn, handed it to Rutherford. The cellophane package contained nine capsules, containing a whitish powder. Three of the nine capsules chosen at random were examined chemically by an expert forensic chemist and were found to contain heroin.