People v. Chin Loy

DRAPER,

J.

A jury found defendant guilty of sale of heroin. He admitted three prior narcotic convictions. He appeals from the order denying new trial and from the ensuing judgment. His principal contention is that the defense of entrapment was established as a matter of law.

Clarence Lee, a Chinese, was employed from time to time by the attorney general as an undercover agent. Lee was sent to Santa Barbara in June 1959 to investigate gambling and narcotics. The chief of police there showed him appellant’s picture. Lee met appellant and cultivated his acquaintance. On the day after their meeting, Lee told appellant that Lee

[717]

was enroute to Los Angeles to procure narcotics for a prostitute who was a drug addict. Lee testified that appellant spoke of distributing an ounce of heroin in Santa Barbara about a year before, said that he knew of a runner in San Francisco from whom he thought he might obtain narcotics, and said he might go to San Francisco with Lee to get narcotics. Lee bought bus tickets to San Francisco and agreed to pay appellant’s expenses. There appellant twice delivered heroin to Lee and was paid therefor.

This evidence does not establish entrapment as a matter of law, since the jury could reasonably have inferred that appellant had a preexisting criminal intent (see

People

v.

Nunn,

46 Cal.2d 460, 471 [296 P.2d 813];

People

v.

Terry,

44 Cal.2d 371, 372 [282 P.2d 19];

People

v.

Malotte,

46 Cal.2d 59, 64 [292 P.2d 517]), and was not an innocent person seduced into a criminal career by officers of the law