People v. Accardy

SHEPARD, J.

Appellant was charged by information with violation of Health and Safety Code, section 11500 (unlawful possession of narcotics). After jury trial, a verdict of guilty was returned arid the court granted probation for five years on preliminary conditions,

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alia, that defendant serve the first 90 days in custody and pay a fine of $500. Defendant appeals.

The record before us shows, in general substance, that appellant operated a small store and soda fountain business; that his home was immediately in the rear of the store but not physically connected therewith nor under the same roof; that he was not a licensed pharmacist; that on November 18, 1958, Ray Bascom, investigator for the California State Board of Pharmacy, bought from appellant certain articles for the dispensation of which a pharmacist’s license is required, and one of which articles required a doctor’s prescription because it contained a dangerous drug; that appellant did not ask for nor receive a prescription in selling such articles; that on November 19 Bascom returned to appellant’s place of business with an officer of the San Diego Police Department and another inspector of the State Board of Pharmacy, and again purchased from appellant, without a doctor’s prescription, certain drugs which he could not lawfully dispense without a pharmacist’s license and without a doctor’s prescription; that on both occasions appellant went out of sight toward the rear of the store and returned with the articles sold; that the rear of the store has a storeroom from the rear door of which, a few steps away, access may be had to the separate residence of appellant; that appellant immediately after the sale to Bascom on the 19th, was arrested by the officers there present on the charge of furnishing a dangerous drug without a prescription (violation of Bus. & Prof. Code, § 4227) ; that the three officers immediately took appellant to the storeroom in the rear of the store to search for the stock of drugs from which the sale had been made; that they were unsuccessful and inquired of appellant as to its location; that after considerable questioning

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appellant stated the stock of drugs was in the house at the rear and consented to the officers making a search of the house and taking the drugs; that the officers did enter the house and found therein a considerable quantity of drugs in boxes in commercial quantities placed around the room on the floor; that these drugs consisted of miltown, seeconal and amphetamines, derivatives of barbituric acid and paregoric; that analysis of the paregoric showed it contained .179 grains of morphine per fluid ounce plus opium; that appellant had obtained these drugs from a wholesale drug firm on a false representation to the firm that appellant had a pharmacist’s license to dispense the drugs, giving a license number that belonged to a dentist who had no connection with appellant.