People v. Wilkins

KAUFMAN, P. J.

Defendant was charged by information with the sale of heroin in violation of section 11500 of the Health and Safety Code. He waived a jury trial and was tried by the court and found guilty as charged. The only argument on appeal is that the evidence is insufficient to support the judgment.

The record reveals the following facts: A police officer testified that on the afternoon of August 5, 1958, he and a federal narcotics agent searched an informant and then took her to the corner of Grove and Webster Streets in San Francisco. They gave her a twenty dollar bill, a ten dollar bill and a five dollar bill, whose serial numbers had been recorded and watched her proceed to the front of the Manor Plaza Hotel on Fillmore Street. They instructed her to always remain in sight of the officers and to contact no one except the person known to her as “Pinky.” The informant met the defendant in front of the hotel and after a few minutes of conversation, her hands touched his. The defendant went into the Manor Plaza Hotel and returned in a few minutes. Again, the informant’s hands met those of the defendant, who then went to the Gateway Café. The informant returned to the corner of Webster and Fulton to meet the officers. She did not have any of the money but had a small white paper bindle which was later found to contain heroin. The officers immediately went to the Gateway Café. They asked the defendant if he was called “Pinky” and arrested him after he stated that his friends called him “Pinky” but that his name was Joseph Wilkins. The de

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fendant had in his possession the three bills whose serial numbers matched those which had been given the informant. About 15 minutes elapsed between the time of the transaction and the time of the defendant’s arrest. The informant was in sight of the police officers during the entire transaction and neither talked nor had contact with anyone except the defendant.

The defendant testified that he met the informant whom he knew as “Peggy” in a bar of the Manor Plaza Hotel. She was playing “456” and lost some money in the game while he won. She complained to him of having no money, he gave her fifty cents to buy a can of soup for them. She did so and brought it to the Gateway Restaurant to have it warmed. The defendant admitted knowing “Peggy” for about three years but denied selling the package to her.