People v. Duncan

HUFSTEDLER, J.

Duncan was charged by information with driving an automobile while under the influence of narcotic drugs and while addicted to the use of narcotics, in violation of section 23105 of the Vehicle Code and with a prior conviction of robbery. Duncan pleaded not guilty and denied the prior felony. Duncan was initially represented by the public defender, but private counsel was subsequently substituted.

Duncan and his counsel waived trial by jury and stipulated with the prosecuting attorney to submit the cause on the transcript of the preliminary hearing. No evidence in addition to that contained in the transcript of the preliminary hearing was submitted. Duncan was found guilty, the prior was found true, probation was denied and Duncan was sen

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tenced to 270 days’ imprisonment in the comity jail. Duncan has appealed from the conviction.

On appeal Duncan contends (1) the evidence was insufficient to prove his addiction and (2) the court erred in admitting over objection opinion testimony of a police officer that Duncan was addicted and that Duncan was suffering from withdrawal sickness at the time the officer examined him.

Summary of the Evidence

In the early evening of September 22, 1965, Officer Pearcy of the Los Angeles Police Department observed Duncan driving an automobile on the Golden State Freeway. The officer noticed that the windshield of the Duncan car was shattered in the center, which in the opinion of the officer obstructed the driver’s vision. The officer stopped Duncan and asked him for his driver’s license. Duncan said he did not have his license with him and was unable to produce any identification. Officer Pearcy arrested Duncan. At the time of the arrest Officer Pearcy observed that Duncan’s nose was running and that he was constantly wiping it. He was noticeably perspiring, although the temperature was not unusually hot or cold. The officer noticed two or three needle marks or sears on the inside of each of Duncan’s arms.

Duncan was examined by Officer Salagi at about 9 a.m. on September 23 at the central jail. Duncan had scabs over the vein areas of both arms—12 scabs on the right arm and 21 on the left arm. Two of the scabs on the left and four on the right were enlarged. Duncan was breathing heavily and irregularly. He was restless and fidgety. His nose was running. Duncan put his hand to his stomach from time to time. Although the room was at normal temperature and Duncan was fully clothed, Salagi noticed intermittent gooseflesh over Duncan’s body.