People v. Barragan

MUSSELL, J.

Appellants, with one Robert L. Martinez, were charged in count one of an information with criminal .conspiracy to violate section 11500 of the Health and Safety Code, in violation of section 182 of the Penal Code. Joseph Sanchez, Vest Barragan and John Doe were named in said count as unindicted eoeonspirators. Appellant Barragan was charged in counts two, three, four and five of violation of section 11500 of the Health and Safety Code, to wit, individual and separate acts of selling, furnishing and giving away of a "narcotic, to wit, marijuana, each act a felony. A jury found appellant Barragan guilty as charged in counts one through five and appellant Galindo guilty as charged in count one. The jury failed to reach a verdict as to Martinez and a new trial date was set as to him. Appellants’ motions for a new trial were denied. Galindo was given probation for five years under certain conditions and Barragan was sentenced to imprisonment in the state’s prison. Barragan and Galindo appeal from the “judgments” and from the order denying their motion for a new trial, contending that the trial court erred in the decision of questions of law arising during the trial, and in restricting the cross-examination of appellants.

On May 2, 1957, Ernest Halcón, a special deputy sheriff working as an undercover agent, met one Joseph Sanchez in San Diego and purchased 16 hand-rolled marijuana cigarettes from one Henderson, in the presence of Sanchez. On May 26th Sanchez took Halcón to appellant Barragan’s home but Barragan was not there. However, on June 11th Halcón found Barragan at home and introduced himself as Ron Rico. Barragan told Halcón he had heard about him from Sanchez and asked if Halcón was in San Diego for the same purpose as before. When Halcón stated that he was, Barragan said that he “wasn’t holding at this time.” Barragan then took Halcón

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to another area in San Diego where Barragan said “he knew of another connection living there.” Barragan did not obtain any narcotics at this place and told Halcón to contact him later.

On June 15th Halcón went to Barragan’s home and asked him if he was “holding” and Barragan replied “that a fellow just picked up what he had ordered from him and he was clean.” However, Barragan told Halcón that he could let him have a “roach” and handed it to Halcón, saying, “It is only good for two or three tokes.” Barragan told Halcón he was clean (out of possession) because he did not have any money and asked Halcón for a loan of $2.00. Halcón gave Barragan the money and it was agreed that Barragan would deduct it from the price of a “tin” that he would get for Halcón later.