People v. Davis

JEFFERSON, J.

Defendant appeals from the judgment entered upon his conviction of three counts, charged in a grand jury indictment, of sale of heroin (Health & Saf. Code, § 11501). Defendant waived a jury and was tried by the court after a six-day continuance was granted the People, over defendant’s objection, because a witness was on military leave. Defendant was denied probation and sentenced to state prison.

[483]

On March 2, 1964, Officer Williams, a Los Angeles police officer assigned to undercover work, met defendant on the street corner of 12th and Central. The officer was accompanied to this location by a person named Samuel Kinsey who had been used in the past by the police to obtain introductions to narcotics peddlers. Defendant was asked if he had “anything.” He replied that he did. The officer and Kinsey said that they wanted to “get one.” Defendant answered that he had it, that they would have to get the money quickly. Officer Williams then handed Kinsey a $10 bill, which Kinsey passed to defendant. Defendant took a pink balloon from his mouth and handed it to Kinsey, who in turn gave it to the officer. On March 16, 1964, at about 12:30 p.m., Officer Williams and Kinsey were standing on the corner of Adams and Kenwood Streets when a 1956 Buick pulled up. Defendant was seated on the passenger side. Defendant was asked whether he had any, and he again replied that he did. When handed a $10 bill, he took a yellow balloon from his mouth, gave it to Kinsey and the latter immediately handed it to the officer. The next day, March 17, a similar transaction was repeated when defendant drove up in the same Buick, was given two $5.00 bills, and then handed Kinsey a purple balloon which he removed from his mouth. Kinsey gave the balloon to the officer. After each of the above described transactions of March 2, 16 and 17, the balloons given to the officer were taken to the Police Administration Building where they were marked for identification and tested. It was stipulated that the contents of the balloons were found to be heroin.

When the officer first met defendant he noticed that defendant had rather large bumps on his face, and that he had a mustache. After meeting defendant the officer checked the police files and found defendant’s picture.

In cross-examining Officer Williams, defense counsel elicited the fact that certain notes recorded by the officer, after he met defendant, described defendant as being approximately 5 feet 11 inches tall. Defendant took the witness stand to testify that he was 5 feet 8 and not 5 feet 11 as the officer’s notes had indicated. Defendant, however, did not offer any other evidence to refute the prosecution’s case.