People v. Harris

JEFFERSON, J.—

The grand jury of Los Angeles County returned a secret indictment against defendant in which he was charged in two counts with the crime of selling and furnishing of a narcotic, marijuana, in violation of section 11531 of the Health and Safety Code. Defendant entered a plea of not guilty. Trial was by the court, defendant and all counsel having personally waived trial by jury. Defendant was found guilty as charged on both counts. Probation and defendant’s motion for a new trial were denied and defendant was sentenced to the state prison on each count for the term prescribed by law, sentences to run concurrently.

Defendant petitioned this court for the appointment of counsel to represent him on appeal. This court, having made an independent investigation of the record and having determined that it would be neither advantageous to defendant nor helpful to this court to have counsel appointed, denied the application; whereupon, defendant prosecutes this appeal in propria - persona.

Jerry Chavous testified he was attached to the narcotics division of Los Angeles Police Department as an undercover agent. On October 18, 1961, he observed defendant walking south on Wall Street in the City of Los Angeles. He asked defendant, “How about turning me on to-some happenings?” Defendant replied, “What kind of happenings?” Officer Chavous responded, ‘ ‘ Some weed. ’ ’ Defendant then inquired, “How much?” The officer said, “A can.” Defendant and the officer carried on the conversation further and agreed on the price of $15. Defendant left and asked the officer to wait, indicating that he would return in a few minutes. Defendant returned driving a green 1948 Plymouth automobile and told the officer to get into the car. While driving defendant pushed a bag over to the officer saying, “There is the stuff, and it is good stuff.” The defendant stopped at a store where the officer changed a twenty dollar bill and handed defendant the $15.

Officer Chavous further testified that on October 19, 1961, he went to a bar where he again met defendant who was engaged in a conversation with another person. The officer

[615]

followed defendant and the other man as they left the bar, and he overheard defendant tell the other man he had “some weed that is so good I’m thinking about keeping it for myself.” The officer told defendant he would like to have a little of that weed, to which defendant replied, “Well, how much do you want ? ’ ’ The officer said he would take another 11 can. ’ ’ Defendant asked the officer to wait, and he returned in 10 or 15 minutes. He motioned the officer to follow him to the rear of the bar where he handed the officer two half filled bags. The officer again gave defendant $15.