People v. Hamilton

STONE, J.

Defendant appeals from a conviction, after trial by jury, of possession of narcotics in violation of section 11530, Health and Safety Code. He was acquitted of another count charging violation of section 11531, Health and Safety Code, furnishing a narcotic.

One Alvarez, an agent employed by the Kern County Sheriff’s Office, testified that while he and defendant were in an automobile, defendant produced a hand-rolled marijuana cigarette which he partly smoked, giving what remained to Alvarez, who pretended to smoke it. Instead he hid it in his sock, and later delivered it to the sheriff’s office. A chemical analysis disclosed the contents of the cigarette to be marijuana. The first count charging defendant with furnishing marijuana was predicated upon the foregoing facts.

Approximately a month after the smoking episode, Alvarez, looking for defendant Hamilton, went to the apartment of Mrs. Dorothy Cobb, a codefendant who has not appealed from her conviction of possession. Alvarez knocked on the door and when defendant appeared, Alvarez asked for marijuana, but defendant denied having any. Alvarez left and walked to a window at the rear of the house, through which he observed defendant at a table holding a brown package which Alvarez thought was marijuana, and some colored bal

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loons on the table. The sheriff’s office was then called by Alvarez and a deputy came to the scene; Alvarez showed him the location of the apartment, and left.

Shortly thereafter three deputies from the Kern County Sheriff’s Office, together with two state parole officers, went to Mrs. Cobb’s apartment. Defendant opened the door dressed in shorts, explained that he had just showered, and invited the men in after they told him they had come to look around. Men’s and women’s clothing were found in the closet, and Hamilton admitted the men’s clothing was his, explaining that although he had a wife and a home in another part of the city, because of trouble with his wife he stayed with Mrs. Cobb occasionally. In a vanity-dresser combination the officers found some men’s shorts, socks and handkerchiefs with the monograms “E” and “H” upon them. There was no women’s clothing in this particular drawer. Beside the men’s clothing the officers found two marijuana cigarettes regarding which defendant denied any knowledge.