People v. Hunt

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County defendant was charged with illegal possession of marijuana in violation of section 11500 of the Health and Safety Code. Defendant pleaded not guilty. Trial was by the court, trial by jury having been duly waived by defendant personally and by all counsel. Pursuant to stipulation of defendant and counsel the cause was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing, and both sides reserved the right to produce additional testimony.

At the commencement of the trial the judge indicated for the record that he had read and considered the evidence produced at the preliminary hearing. No additional evidence was offered on behalf of the People. The defendant offered two witnesses in his behalf, James Adams and Walter Wheeler, and he (the defendant) also testified. Defendant was found guilty as charged. A probation report was ordered and defendant’s motion for a new trial was denied. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law.

On November 6, 1960, George W. Barber, a police officer for the City of Los Angeles, assigned to the narcotics division, and his partner, Sergeant Garrahan, arrested Walter Wheeler on an indictment charging the sale of marijuana. At the time of his arrest Wheeler had marijuana cigarettes in his possession. He told officers Barber and Garrahan that he had been purchasing his marijuana from a person he knew as Hunt, and that he had been going to 237 West 46th Street, Los Angeles. The officers went to the records division and found that there was a felony warrant outstanding for a person named Hunt on a charge of sale of narcotics. The officers stated it was a John Doe warrant.

The officers testified they staked out the house, and on November 14, 1960, they observed two persons get out of an automobile and enter the house. These two persons stayed about five or six minutes and then left. The officers followed them. Some distance away, they stopped and interrogated them. Both persons denied having been at 237 West 46 th Street. The officers checked the records division and found that both persons had felony records.

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On November 16, 1960, while the officers were again staked out, a ear occupied by three persons drove up. James Edward Adams, one of the persons, ran into the house at 237 West 46th Street and stayed approximately four or five minutes. He came out, got into his automobile and left. The officers followed the automobile to 46th and Main and arrested Adams, who had benzedrine in his possession. Adams stated that Ernest Hunt lived at 237 West 46th Street, and that he had not purchased the benzedrine at the address. Although he stated that he did not go to 237 West 46th Street to buy marijuana and that “he did not see any” on that day, Adams said that he had seen Ernest Hunt with marijuana previously.