People v. Harris

SHINN, P. J.

In a jury trial, in which he was represented by private counsel, Charlie Harris was convicted, under indictment, of two offenses of selling heroin. He admitted the allegation of the amended indictment that he had suffered two former convictions of felony. He was sentenced to state prison and has taken an appeal from the judgment. Upon his application for appointment of counsel we read the

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record, and having determined that the appeal is groundless, we denied the application. Defendant has filed briefs.

There was evidence of the following facts. Early in the afternoon in August of 1960 Officer Hairston of the Los Angeles Police Department, in company with one Pier, encountered one Sorrell who offered to join Hairston in the purchase of heroin. Each contributed $4.00, which was given to defendant in return for a red balloon and its contents. The balloon was passed through the hands of Pier to Sorrell, who shortly thereafter divided the contents with Hairston. At the trial it was proved that the balloon had contained heroin. Later in the day, in the company of Pier, Hairston encountered defendant in the rear of a café, where Hairston purchased from defendant a pink balloon and contents for $7.00. The contents of the balloon were proved at the trial to be heroin. Due to the fact the police were engaged in a widespread investigation of narcotic activities defendant was not arrested until about two and one-half months after the transactions with the officer. Hairston also testified that after defendant’s arrest in the course of an interview defendant stated to Hairston “I was selling to the other guy. I wasn’t selling to you.” Officer Wesley testified that he was present with other officers, including Hairston, when defendant was interviewed in the jail. Defendant’s statements were made freely and voluntarily. A recording was made of the conversation and the recording was played to the jury. The tape, the box and contents were received in evidence without objection. There was no transcription of the tape. On the stand defendant denied that he knew Hairston, Pier or Sorrell and denied having had any transaction with them. He testified that there were a lot of differences between the conversation and the recording. When asked by his counsel to state “what was said that is not on the tape or what was not said that is on the tape?” the only reply was “The tape said that I sold some dope. I didn’t sell any dope to anybody, nobody gave me any four dollars. I never sold nobody any dope because I was sick in November.”