People v. Garza

ASHBURN, J.

Convicted of three charges of selling a preparation of heroin (Health & Saf. Code, § 11500) defendant appeals from the judgment.

Appellant claims insufficiency of the evidence but his brief does not comply with the rule pertaining to the presentation of that argument. (Buies on Appeal, rule 15.) However, our consideration of appellant’s major contention requires an examination of the evidence and we find it to be amply sufficient.

At the times here pertinent defendant operated the San Antonio Café in the city of Los Angeles. On April 8, 9 and 18, 1957, he sold heroin to Police Officer Nelson, each transaction being the subject of one of the counts of the indictment.

On the first occasion the officer was accompanied by one Daisy, an informant, who introduced him to defendant as “her old man.” The officer was carrying a suit of clothes and

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a coffee pot. Garza asked about the size of the suit and pronounced it too short. Asked how much he would give for the coffee pot, defendant said “a half,” which term in underworld parlance signifies a half gram of heroin. Defendant then spoke in Spanish to his employee Villareal and told the officer, who did not understand that language, “I am having my boy take care of you. It will be in just a minute.” In about five minutes Villareal handed Nelson a bindle of heroin which was wrapped in a Blue Star razor blade cover. Defendant kept the coffee pot.

On April 9, Nelson went again to the café. He then had a number of shirts which he showed to defendant who selected two and asked what Nelson wanted for them; he was told

“a

half”; then defendant spoke in Spanish to Villareal who went behind a cooking stove, then behind the bar and wrapped a bindle of heroin in a book of matches. Nelson said, “Hey, man, give me a match.” Villareal threw the match book containing the heroin to Nelson who left the two shirts with Garza. Villareal asked about a shirt for himself and told Nelson he could give “a real good one with a lot of stuff in it.” Garza was present at the time.

On April 18th Nelson returned to the bar with a brown beaver-type hat. Garza said it was too big but ‘ ‘ Colalos wants a hat.” Nelson: “Well, you know what I want.” Garza: “Yeah, I know. Colalos is a pusher, too.” The hat deal did not go through, so Nelson brought from his automobile eight more shirts similar to those produced on the former occasion. Garza asked how much he wanted for them and he said, “Well, eight would bring me one and a half.” Garza said: “No. Cash.” Nelson said that three or four dollars would be fine. So Garza took the shirts, sold two of them to another customer for six dollars, showed the money to Nelson and said he would give him “a half” for it. Nelson assented and defendant said: “It will be in just a minute. I will have my boy take care of you.” Nelson said “Okay,” took a seat at the bar and after he had waited a few minutes defendant asked if he had been taken care of. He said “No,” defendant spoke to Villareal in Spanish and he then came to Nelson, picked up a book of matches and placed a bindle of heroin therein. Nelson said, “Hey, man, give me a match.” Villareal then handed the book to Nelson who said, “Cool,” and left the bar.