People v. Cline

FOX, P. J.

Defendant

†

was convicted of selling heroin in violation of section 11501, Health and Safety Code. He has appealed from the judgment.

At approximately 2 p. m. on the afternoon of October 4, 1960, Deputy Sheriff Reade of the Los Angeles County Sheriff’s Office, Narcotics Division, drove up to the Jamaica Club in Norwalk. Defendant and a companion pulled up to the club at about the same time. Defendant, with whom the officer had had two narcotic transactions during the previous month, asked him if he “wanted some narcotics,” adding “I can get you some. ’ ’ The officer replied in the affirmative. Officer Reade thereupon entered the automobile driven by defendant. The men drove to the vicinity of Horst and 160th Streets in Nor-walk. Defendant inquired of the officer how much narcotics he wanted. The officer replied, “Half a gram.” At this point defendant left the automobile and went to a residence on Horst Street from which emerged defendant Quiroz. While defendant Cline was at the house, his companion drove the officer around the block. After he came back to the automobile, Cline explained that his contact needed a little time to cap up

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the narcotics. As a consequence, they drove around for approximately five minutes. When they reached the vicinity of Horst and 163d Street, defendant Cline observed his contact's automobile parked off the road near the intersection but up against a building. Cline drove up behind the other car, parked, got out, and talked with the driver. Cline then came back to his own ear in which the officer was seated. He told the officer that five caps would cost $18. Officer Beade handed defendant this amount. The officer observed Cline give this money to the driver of the other car. There were motions of their hands indicating that something was being handed over to Cline by the driver but the officer could not actually see the driver of the other car hand defendant Cline anything. However, Cline immediately walked back to his own car and handed Officer Beade five gelatin capsules, which proved to contain heroin.

Defendant Cline denied having had any narcotic transaction with Deputy Beade at that time or on any previous occasion. He, in fact, denied ever having seen Deputy Beade prior to the preliminary hearing.