People v. Gonzales

SHEPARD, Acting P. J.

Defendant was found guilty by jury verdict of a violation of Health and Safety Code, section 11500 (possession of narcotics, i.e., marijuana). By its judgment, the court granted to defendant straight probation for three years without any time in custody and without any fine. Defendant appeals.

Pacts

There is no substantial conflict in the evidence as to the salient facts of the case. The record before us shows that on May 24, 1959, in the 300 block on East Taehevah Avenue in Palm Springs, a red corvette automobile was discovered off the road, against a tree, with defendant lying on his back outside the car but with his feet still in the car. Defendant was severely injured by a 24-inch cut across his abdomen that appeared to have been inflicted by a knife. Defendant’s intestines were protruding from the wound. One portion of the

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evidence described defendant as being unconscious’. Another portion described him as not completely unconscious but in severe shock from loss of blood, and apparently unable to answer routine questions. An ambulance was called by the police. The ambulance driver and his attendant placed defendant on a stretcher and took him to a hospital. At the hospital he spoke his name, asked for water, and mumbled something unintelligible.

While still on the stretcher the portion of his clothing not confined beneath his body was cut away and gone through for purposes of identification. A cellophane package containing a quantity of marijuana was found in his righthand front pants pocket but identifying information was not found. A short time later, after a doctor supervised his placement on the operating table and preparation for surgery, the balance of his clothing was removed and gone through for identification. Among other articles were found his wallet, with identification, and four marijuana cigarettes. The doctor, two nurses and a police officer were present. While a police officer was present during all this time, he did no searching himself. Apparently he did, however, request the attendant to search for identification, which incidentally resulted in the finding of the marijuana. The ambulance driver testified that the search was routine procedure for identification of injured people “in shock’’ in emergency cases. After the finding of the marijuana, all articles taken from defendant were turned over to the police officer for safekeeping. The officer learned of defendant’s name and the circumstances preceding the accident after the finding of the marijuana. The defendant remembers nothing from the time of the accident until after hospital surgery was completed. He was not under arrest at any time while the search was in progress. Sometime later the officers were informed that the wound in the abdomen was received in a fight and that defendant attempted, after he received the wound, to drive to medical aid, fainted while driving and ran into the tree where he was found.