People v. Casado

VALLÉE, J.

By indictment Casado and Murguia were charged jointly with selling heroin. A jury found them guilty as charged. Murguia, who will be referred to as defendant, appeals from the judgment sentencing him to state prison.

About 8:30 a.m. on October 31, 1958, Officer Villalba of the Los Angeles Police Department, working under cover, saw defendant at 942 South Indiana Street in Los Angeles. Defendant approached Villalba and asked him if he was “trying to score.” “Score” means to buy narcotics. Villalba said he was, and asked defendant if he had some good “stuff.” Defendant said he had some “real good stuff.” Villalba told defendant he wanted half a gram. Defendant told Villalba to go with him. They went into the Department of Employment. Defendant approached Casado, and Villalba went to a bul

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letin board and stood there. Defendant and Casado talked together. In about two minutes defendant motioned Villalba to go into the restroom, which he did. Casado followed. Villalba started to hand defendant a $10 bill and Casado said, “Give me the money.” Villalba gave Casado the $10 bill and defendant handed him (Villalba) five capsules of heroin and said, “Give me a dollar.” Villalba said, “I already gave him $10.” Casado said, “This stuff is real good. It’s worth $11.” Villalba then gave defendant a dollar.

Defendant testified that on October 29, 1958 he was picked up by the police, booked, and processed for an alleged burglary. To the best of his knowledge he was in Los Angeles Hollenbeck Precinct jail between 8 -.30 and 8 :45 a.m. on October 31, 1958. He had seen Casado around but he did not know him personally. He did not see Casado in the morning of October 31, 1958. At no time on that day was he in the Department of Employment, nor did he engage in the sale of narcotics with anyone. He was released from Hollenbeck jail in the afternoon or evening of October 31, 1958.

In rebuttal, Officer Cunningham of the Los Angeles Police Department testified that records showing the time of arrest and release of all prisoners taken into custody in all stations of the Los Angeles Police Department are kept at the Lincoln Heights jail. The records are kept in the regular course of business. Entries are made about the times of events to which they relate. He was not custodian of the records at Lincoln Heights jail. He did not have anything to do with the entry, recording, or filing of records at Lincoln Heights jail. The prisoners’ booking and jail record kept at Lincoln Heights jail is an original document. It shows the arrest of defendant on October 28, 1958 and his release from Hollenbeck jail on October 30, 1958. The custody record, also kept at Lincoln Heights jail, is an original document. It also shows defendant was released from Hollenbeck jail on October 30, 1958. The original “notification of release” record kept at Hollenbeck jail in the regular course of business shows defendant was released from Hollenbeck jail on October 30, 1958 at 5:52 p.m.