People v. Randal

HERNDON, J.

This appeal is taken from the judgment of conviction entered against appellant following a nonjury trial upon an information charging him with the crime of possession of marijuana in violation of section 11530 of the Health and Safety Code. He was found to have suffered two prior felony convictions.

By way of assignments of error, appellant contends that the evidence against him was obtained by an illegal search and seizure and that he was deprived of procedural due process by the conduct of the trial court in propounding certain questions. Viewing the evidence in the light most favorable to respondent, in conformity with the familiar rule, the pertinent facts may be summarized as follows:

On January 6, 1963, at approximately 11 p.m. Joseph A. Wambaugh, a police officer for the City of Los Angeles, observed a 1954 Oldsmobile convertible near the intersection of San Marino and Magnolia Streets, Los Angeles. As the automobile passed Officer Wambaugh, who was parked at the curb in an unmarked police vehicle, he saw the passenger look in his direction. Thereupon the automobile suddenly swerved, turning south on Magnolia, its tires squealing, on the wrong side of the street and proceeding at a very excessive speed. Two men were in the car and appellant was the passenger.

Officer Wambaugh started his automobile and pursued appellant’s vehicle until he saw it pull into a driveway near 965 Magnolia Street. He pulled up behind the car as it stopped. Going into the driveway, he turned on his red light. Officer Wambaugh and his fellow officer got out of the car and walked up to appellant and Richard DeWulf, the driver, who got out of their car. The officers had a conversation with each man separately and later with both together.

Officer Wambaugh asked DeWulf where he lived. DeWulf said, “I live right here,” indicating the apartment building at 965 Magnolia. Officer Wambaugh asked DeWulf where appellant lived and DeWulf said, “He is my roomate. He lives with me.” Officer Wambaugh then went over to appellant

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and had a conversation with him. He asked appellant where he lived, and appellant gave an address in the northeastern part of Los Angeles. Officer Wambaugh asked, “Do you live here with this man?” and appellant said, “No.” The officer asked DeWulf again, this time in appellant’s presence, where DeWulf lived, and he said, “I live here in Number 11 and he lives with me.” Officer Wambaugh said, “Mr. Randal denies living with you.” DeWulf replied, “I don’t know why he denies that. ’ ’