People v. Hines

LILLIE, J.

—Defendant was convicted of furnishing dangerous drugs (§ 11912, Health & Saf. Code); he appeals from the judgment.

Appellant’s first contention is that the evidence is insufficient to support the conviction in that the evidence “was not only confusing, in conflict and doubtful but wholly circumstantial.” He presents a lengthy factual argument that has no place in a reviewing court; and levels unfounded and unfair accusations against the deputy public defender who represented him as being “unskilled,” and that the police officers who made the arrest are “presumed to be brutal, biased and prejudiced and interested in making an arrest” and “it can be assumed that they would say anything and believe anything to make the arrest stand”— statements unworthy of a member of the legal profession. The record shows that the evidence of defendant’s guilt is direct evidence and that the only reasonable inference that can be drawn therefrom is that defendant furnished dangerous drugs to one Preyer.

Around 1 p.m. on September 28, 1966, Officers Kington and Whitehead were in the vicinity of 4422 South Avalon on an undercover investigation of bookmaking at the rear of that address; they were dressed in plain clothes and drove an unmarked vehicle. They parked in an alley and walked to a vacant lot area where they observed defendant and Preyer standing at the rear of 4422 South Avalon. Defendant and Preyer were facing each other. The officers saw defendant reach into a brown bag, pull out his cupped hand and place some white objects and foil wrapped objects into a small metal container held by Preyer; he appeared to be counting. Then defendant said to Preyer, “That’s it, Man”; Preyer said, “Come on, Man, give me some more. I’ll give you some money . . . tomorrow.” At that time, aware that this vicinity

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was known as a high frequency dangerous drugs area and in three individual businesses in that block arrests had been made for narcotic and dangerous drugs, one of which was located just south of 4422 South Avalon known as the “Pill Palace, ’’ and having watched defendant’s conduct and observed what appeared to him to be pills being removed by defendant from a bag and placed into a can held by Preyer and heard the conversation between defendant and Preyer, Officer Kington formed the opinion that defendant was selling dangerous drugs to Preyer. Further, immediately after their conversation, defendant looked in the direction of the officers and simultaneously dropped the bag and said, “Cops.” Preyer tossed the metal container to the ground and they walked toward a public walkway that led onto Avalon Boulevard, and were about to enter the public walkway when they were told by the officers to stay there. Officer Kington walked, to where defendant and Preyer had been observed and recovered from the ground a small paper bag, a metal can, 6 blue capsules of amobarbital (a barbiturate acid derivative), 9 orange capsules containing secobarbital, 3 orange and blue capsules containing tuinal (a mixture of amobarbital and secobarbital), 14 white scored tablets and a metal container with 21 double-scored tablets which contained amphetamine, and 3 blue tablets. All were classified as dangerous drugs. Officer Kington took them back to where Officer Whitehead, defendant and Preyer were standing and showed them to Whitehead. Both having been trained to recognize dangerous drugs, identified the white scored tablets as resembling benzedrine, the foil wrapped capsules, seeonal, and the blue capsules, tuinal. They placed defendant under arrest and advised him of his constitutional rights.