People v. Tou Jue

[236]

NOUBSE, J.

The defendant was convicted of a violation of the act relating to the sale and use of poisonous drugs. Two inspectors employed by the state board of pharmacy laid a trap for defendant, and on the day in question posted themselves directly across the street from defendant’s place of business. From this point they observed the witness Bowman, who was acting under their instructions, enter defendant’s restaurant and engage bim in conversation. Thereafter Bowman left the restaurant and was followed a short time after by the defendant. The two met on the street and shook hands. At this point the two inspectors approached and arrested the defendant and Bowman and an immediate search disclosed that the defendant had in his possession three silver coins which had previously been marked by the inspectors and delivered to Bowman for the purpose and that Bowman had in his possession a small package containing morphine, which he testified he had obtained from the defendant in exchange for these coins. Testimony was offered that at the time of the arrest a revolver was found in the pocket of defendant, and this was offered in evidence during the course of the trial. .

The appeal is based upon the claim that the whole case was framed upon the appellant and that the witness Bowman and one of the inspectors employed by the state board of pharmacy were men of questionable character and bad reputation and. that for this reason their testimony should have been wholly disregarded. It was further argued in this connection that the trial court unreasonably curtailed the cross-examination of these witnesses, which was directed to the purpose of disclosing their reputations. Some criticism is also made of the instructions which the trial court gave to the jury.

In cases of this nature the appellate courts must necessarily rely upon the trial court to see that substantial justice is given to the party on trial. It is impossible for this court to analyze the testimony of the witnesses as written in the record and from that analysis to determine whether such witnesses are entitled to be believed. In .the trial of the action all these witnesses must appear before the trial court and the jury, and it is the function of the jury, in the first instance, and of the trial court, after

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