People v. Gordon

FOX, P. J.

Defendant was charged with violating section 11531 of the Health and Safety Code, which makes it illegal to sell, furnish, or give away marijuana. He was found guilty in a jury trial, and he now appeals from the judgment.

[688]

Officer Percy H. Thompson of the Los Angeles Police Department was assigned to the Narcotics Division as an undercover agent. At about 2:10 p.m. on the afternoon of August 30, 1962, Officer Thompson saw the defendant walking toward him on Adams Boulevard. As they passed defendant said, “Tour face looks familiar. Have I seen you around?” The officer said that he might have, and after a short conversation told the defendant that he was looking for a few “joints” (a term used to describe marijuana cigarettes). Defendant replied that Officer Thompson was talking to the right man, and asked how many he wanted. Officer Thompson told the defendant he wanted ten, and the defendant then instructed the officer to follow him. At the officer’s suggestion they got into his car which was parked nearby. Defendant there sold the officer ten cigarettes for $5.00. Defendant also stated that he would give the officer an extra “joint” if he would drive him to Crenshaw and Adams, to which Officer Thompson agreed. Upon arriving at Crenshaw and Adams defendant said, “Give me a dollar for these two, and then the extra joint is for your trouble.” Officer Thompson gave him $1.00 and took the three cigarettes. It was established that the cigarettes received by Officer Thompson contained marijuana.

After this first meeting officer Thompson saw defendant several times. On one occasion he met defendant in a bar and loaned him $2.00, and on another he asked defendant to get some more marijuana but was told by defendant that he’d been scared away from his “stash” (a storage place for narcotics). Defendant was arrested by Thompson on November 27,1962.

Defendant testified that he did not meet Officer Thompson on August 30. According to defendant, Thompson approached him for the first time in a hardware store some time in September and asked defendant if he knew where he could get some “joints,” to which defendant replied in the negative. The only other meeting was in a bar some time in October, at which time defendant denies borrowing any money from Thompson. Defendant also denies that he ever gave or sold any marijuana to Officer Thompson.