People v. Womack

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County defendant was charged with the illegal possession of heroin in violation of section 11500 of the Health and Safety Code.

Defendant pleaded not guilty. Trial was by the court, trial by jury having been duly waived by defendant personally, and by all counsel. The cause, pursuant to stipulation of defendant and counsel, was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing and both sides reserved the right to produce additional testimony. Counsel reserved all objections.

At the commencement of the trial the judge indicated for the record that he had read and considered the evidence produced at the preliminary hearing. Additional evidence offered at the trial consisted of the testimony of a witness called on behalf of the People. No testimony or additional evidence was offered by defendant or in his behalf. Defendant was found guilty as charged. A probation report was ordered. Defendant’s motion for a new trial was denied. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law.

Officer Merrill Walker testified he had received information from a confidential informant that a male Negro approximately 25 years old, about six feet tall, with a heavy build, an amputated finger, wearing a dark suit, dark trousers, dark hat and a red sport shirt, was in a vacant lot to the rear of approximately 445 East 105th Street, peddling heroin. The officer further testified that the person’s name was “Womack” and that the heroin was under a tarpaulin in this vacant lot. The officer further testified defendant did not live in the area and from other sources he learned that there were known “hypes” in the area. Officer Walker and his partner Officer Burkland proceeded to the vacant lot where they found the above described defendant seated on a stool. He further testified there were three other persons present including one Moody Brown. There was also a tarpaulin which was located approximately 12 inches to the left of defendant. The officers testified they identified themselves and asked defendant his name. Defendant stated it was Charles Womack; that he lived at an address on 101st Street. When asked who lived

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