People v. Wong Fun

BARNARD, P. J.

The defendant has appealed from a judgment of conviction on a charge of possession of narcotics. He was arrested by two state narcotic inspectors at a residence in Brawley on October 31, 1939, at about 11 o’clock P. M. He was alone at the time and had just been cooking something on the stove in the kitchen of the residence. The residence also had a living room and bedroom in which were some five cots, only one of which had the appearance of being in regular use. This was identified by the defendant as his own bed. There were some card tables and a safe in the living room, and a number of boxes filled with canned goods and dishes, and other articles in the kitchen. Many of these articles had an accumulation of dust on them. The inspectors found six bottles, filled with a solution of wine and opium which contained morphine and codeine, in the kitchen, three being on a sort of table near the stove and the others being near a refrigerator and partly under a table. None of these bottles had any dust on them. When confronted with the bottles in question the defendant stated that he did not know what they were and knew nothing about them. He later told the officers that he did not know who owned them but that he knew there was nothing in them except wine. He stated that no one else was staying at the house and that he had occupied it for thirteen months and paid the rent. He also stated that he had formerly used opium but had used none for some years. There was evidence that he showed no physical signs of the recent use of opium.

The defendant was charged in count I with the possession of narcotics; in count II with a violation of the Deadly Weapons Act; and in count III with a prior conviction for a violation of the State Poison Act. He admitted the charge of prior conviction and pleaded not guilty to the other two

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counts. A jury returned a verdict finding him guilty on count I and not guilty on count II. A motion for a new trial was denied and this appeal followed.

It is first contended that the evidence is not sufficient to support the judgment in that it fails to show any possession in the appellant which was exclusive or immediate, or that the bottles containing the opium solution were under his dominion and control. The appellant relies on such cases as