People v. Alamillo

WHITE, P. J.

In an information filed by the District Attorney of Los Angeles County, defendant was accused of the crime of violating section 11500 of the Health and Safety Code of the State of California, a felony, in that he did on or about the 6th day of July, 1951, willfully, unlawfully, and feloniously sell, furnish, and give away a preparation of heroin.

Following the entry of a plea of not guilty, trial was had before a jury which returned a verdict finding defendant guilty of the offense charged against him. Motion for a new trial was denied and judgment pronounced.

From the judgment and order denying his motion for a new trial defendant prosecutes this appeal.

The factual background surrounding this prosecution may be summarized as follows: There was testimony on behalf of the prosecution that defendant operated a barbershop at 1816 East First Street in the city of Los Angeles. On July 6, 1951, at approximately 5 :30 p. m. Deputy Sheriff Robert Ruskin accompanied by a confidential operator entered defendant’s shop. Defendant testified that the name of the operator was Jack Rutherford; that he had known him for about three months, and had cut his hair a few times. Two other officers,

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Jack A. Jones and Thomas E. Farrell, remained in an automobile in a parking lot adjoining the barbershop.

When Officer Buskin and Jack Butherford entered the barbershop they sat down and waited approximately half an hour. After defendant had finished working on a customer, he walked by and asked Buskin and Butherford what they wanted. Officer Buskin said he wanted to buy a cap of heroin. Defendant said, “Wait a minute,” and went back to his chair and started to work on another customer. About 20 minutes later, after this customer had left, Officer Buskin and Butherford walked to the front of the barbershop, at which time the defendant again asked Buskin what he wanted, and Buskin said, “I would like one cap of heroin.” Defendant told Buskin to go back and sit down, which Buskin and Butherford did. Again defendant proceeded to work on a customer. After this customer had left, the defendant got a broom and started sweeping the shop. ■ Buskin and Butherford walked up to defendant, and the latter said to Buskin, “Put your $5.00 on the counter, ’ ’ which Buskin did, whereupon defendant placed in Buskin’s hand one capsule containing white powder. Buskin and Butherford then walked away and were joined by Sergeant Jones and Detective Farrell. Buskin, Jones and Farrell returned to the barbershop and placed the defendant in custody and proceeded to search him. Out of his right-hand pants pocket the officers recovered the marked $5.00 bill. In a room at the rear of the shop Buskin found an empty capsule on top of a box of pills and debris on a studio couch. Officer Farrell found a capsule containing residue under the couch. Defendant when questioned in this room said, “All right, you boys got me, I guess. I sold you the cap. I thought I was doing you a favor.”