People v. Gann

FOURT, J.

This is an appeal from a judgment of conviction of possessing marijuana.

In an information filed in Los Angeles on May 25, 1967, Sarah Irene Gann with codefendants Andre Charles Swader and Georgann Buerger was charged with possessing mari

[812]

juana on February 7, 1967. Each defendant pleaded not guilty. A jury trial was waived and it was stipulated that the matter be submitted upon the transcript of the proceedings had at the preliminary hearing, each side to be permitted to introduce additional testimony if so minded. Swader and Buerger testified in their own behalf. Each defendant was found guilty as charged. Gann was sentenced to the state prison and she has appealed.

Officers of the Pasadena Police Department and agents of the State Narcotic Bureau had received information that at the apartment of appellant there were large quantities of marijuana, LSD, and amphetamine sulfate pills. Agents and policemen went to Gann’s apartment at about 1a.m., February 7, 1967, for the purpose of attempting to make a purchase of some narcotics from her. Upon arrival at the apartment one of the men knocked on the front door and appellant opened the door. At that time the officers smelled a strong odor of burning marijuana emitted through the open door. The door was closed very quickly and immediately the officers heard the sound of running feet. At that point one of the agents kicked the door open and the officers entered and went to a bedroom where they saw appellant and her two codefendants and one other person. Swader upon seeing the officers hurriedly placed a partly consumed marijuana cigarette under the bed. The cigarette was recovered at once and was still hot to the touch. After retrieving the partly consumed cigarette, the officers placed all four people in the apartment under arrest. Each defendant and all of them were advised of their constitutional rights. A search was then conducted. In Swader’s coat was found a secreted plastic bag containing marijuana. Buerger’s coat was similarly found to contain a plastic bag of marijuana. Two other partially smoked marijuana cigarettes were found in an ash tray in the living room, another marijuana cigarette was found in the bathroom and two more were located in the bedroom. Appellant did not testify nor did she offer any defense.