People v. Hightower

SHEPARD, J.

Defendant appeals from judgments of conviction on two counts of unlawful possession of narcotics (count one, marijuana; count two, heroin), and from the order denying defendant’s motion for a new trial.

Defendant makes no contention that the facts proved were insufficient to support the judgment. It was stipulated by both the defendant personally and by his counsel that the officers had reasonable cause to search the auto in which the narcotics were found. The reason for this stipulation was to avoid the necessity of revealing to the jury the crime which gave rise to the search, to wit: forgery (to which defendant pleaded guilty and for which he was sentenced on the same day as the sentence in the case here at bar). Defendant also admitted a charge of prior felony conviction of robbery. We therefore find it unnecessary to relate the complete details of the arrest and the finding of the narcotics. In general substance, those facts necessary to a discussion of the criticisms made by defendant on this appeal are as follows:

Approximately one hour before noon on Thursday, January 7, 1960, defendant and a companion, named Cole, were arrested while traveling in an automobile on a downtown street of San Bernardino. At the police station, observation of the

[311]

two led the officers to suspicion that both were narcotics users and that both were then under the influence of narcotics. A search of the auto in which the two had been found, revealed marijuana concealed in a package behind the left-hand side of the instrument board, two teaspoons in the glove compartment, and heroin, an eyedropper and a hypodermic needle concealed in another package behind the right-hand side of the instrument board. Tests by an expert chemist later confirmed the identity of the narcotics as above named.

Late in the afternoon of the same day, investigations by the officers had revealed sufficient facts for an intelligent interrogation of defendant. On questioning, defendant admitted the purchase by him of both narcotics, gave conflicting statements as to place of purchase but they were apparently acquired from different sources at different times. He denied the use of narcotics that day. He consented orally and in writing to a nalline test. He was taken to the county hospital and the test was there administered by a qualified doctor, during the time between 5 p. m. and 5 :30 p. m. The doctor observed puncture marks along the veins on the inner surface of both forearms of defendant. The test revealed, in the doctor’s opinion, the recent use by defendant of a narcotic, morphine derivative, which would include heroin.