People v. Taylor

SHINN, P. J.

Eddie Taylor, the defendant, was charged with a violation of the Health and Safety Code, section 11500 (illegal possession of narcotics). He entered a plea of “not guilty” and denied the prior convictions as alleged. The matter was called for trial and he admitted the prior convictions. A jury trial was had and defendant was found guilty of the violation as charged. He appeals from the judgment rendered and the order denying his motion for new trial.

At the trial Police Officer Hanks testified as follows. On March 5, 1960, at about 9:30 a.m., he and his partner, Sergeant Grennan, members of the Narcotics Detail of the Los Angeles Police Department, went to the B and B Café located at 711 East Fifth Street in Los Angeles. The officer had been to the café on many prior occasions and knew the area to be one of a high frequency for narcotic violations. Upon entering the café, Officer Hanks saw defendant standing near the juke box; he had seen Taylor on another occasion approximately a week prior to March 5, 1960, at which time Taylor had told him that he had been convicted for possession of heroin and was currently on parole for that charge. After observing defendant in the café on March 5, Officer Hanks approached him, identifying himself as a police officer, and stated: “I hear you are dealing in stuff now, Eddie.” Defendant denied the charge whereupon the officer asked him if he had any “stuff” on him at this time; defendant denied that he had any; the officer then asked “Do you mind if I look and see?”; Officer Hanks and defendant walked out the front door of the café and the officer searched defendant’s clothing, finding nothing of significance in his pockets; he asked defendant to open his mouth which he did; the officer looked inside and saw nothing; he then asked defendant to lift up his tongue; at this request defendant turned away from the officer and ran back into the café and into the restroom at the rear of the café. Officer Hanks was about 2 feet behind him; when he caught up with defendant, Taylor was bending over the toilet; the officer pushed him away from the

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toilet with sufficient violence to cause Taylor to fall to the floor; at the same time he grabbed defendant, placing one arm around his neck; they struggled on the floor of the restroom; the officer kept saying “Spit it out, Eddie, spit it out.” Defendant responded, “I don’t have any more. I don’t have any more. It’s over by the floor at the toilet.” Looking in that direction the officer saw a large pink balloon fragment to the right of the commode. Officer Hanks’ partner picked up the balloon fragment which contained a substance which was proved to be heroin. Officer Hanks testified the struggle ceased upon recovery of the balloon. On redirect the officer testified that at this time defendant stated: “It’s not mine, it’s Kamec’s. ... I paid Kamec $32 for it. I tried to get it down the toilet, but I couldn’t.” The officer denied threatening defendant with physical violence or striking him with handcuffs. He testified he used force to subdue him and also to keep him from swallowing any possible narcotics he had in his mouth.