People v. Hernandez

GRIFFIN, J.

Defendant was charged with the crime of possession of a narcotic (heroin) in violation of section 11500 of the Health and Safety Code. A trial by jury resulted in a conviction as charged, and a three months’ jail sentence was imposed. The heroin was found in defendant’s car. He now claims that the evidence is insufficent to show that he

knowingly

had

possession

of it, and that the court erred in denying him the right to examine the arresting officer concerning the name of a claimed informer.

On the evening of March 8, 1952, about 11 o’clock, Narcotic Inspector O’Connor, accompanied by three other officers, saw defendant backing his car (a 1950 black Pontiac sedanette) out of the driveway of the “99er Cafe” on Highway 99 near Loma Linda. The inspector testified that defendant proceeded easterly toward Redlands; that they pursued defendant’s car and as they approached the Mona Lisa Club about one mile from the 99er Café, they discovered defendant’s ear parked in a parking area across the street from it; that they remained in their car, and after about one hour, defendant, who had been at the club, drove away in his car; that due to the fact that they were obliged to make a turn at an island intersection, they lost sight of defendant’s car;

[437]

that they went to a house at 62 Juanita Street about 2 a.m. on March 9th, and maintained a “stake-out” for about 20 minutes; that the dark sedanette of defendant’s pulled into a parking area; that the driver got out, went into the house, and after a short time the officers went in; that defendant was then in bed; that he was asked if he had any “contraband” and that defendant said “no”; that the officers said: “Well, we heard you have” and defendant said: “Well, go ahead and look around; you are the police.” A description of defendant’s clothing tallied with that worn by defendant at the Mona Lisa Club. The officer testified that they asked defendant if he had been at that club or the 99er Café that night and defendant said “no”; that they asked him where he had been earlier in the evening and defendant stated he had just been “out.” He was asked if the car parked by the house was his and he said it was. The keys were given to the officer. Defendant went with them to the car and unlocked it. While searching the glove compartment defendant’s “Legion cap” fell out on the floor. Defendant made a sudden motion of his hand to pick it up. The officer, by means of a flashlight, suddenly noticed a small green box lying on the floorboard by the cap. The officer picked it up and asked the defendant what it was and what was in it and defendant said: “All right, you have got me.” A few moments thereafter, however, he said: “I don’t know anything about it.” The box contained four paper bin dies of gelatin capsules of heroin.