People v. Gee Don Yow

STURTEYANT, J.

The district attorney filed an information against the defendant charging him with having violated section 8 of an act entitled “An Act to Regulate the Sale of Poisons in the State of California and Providing a Penalty for the Violation Thereof.” (Deering’s Gen. Laws 1923, Act 5994.) The defendant pleaded not guilty

[618]

and in the trial court a trial was had before the court sitting with a jury. The jury returned a verdict against the defendant, the defendant made a motion for a new trial, the motion was denied, and the defendant appealed from the judgment and order.

In the presentation of its case the prosecution called as witnesses a detective sergeant and two patrolmen, and by their testimony it produced evidence to the effect that in San Francisco at about 11:30 P. M. on the night of the twenty-eighth day of January, 1927, on Jackson Street, a short distance below the northeast comer of Trenton and Jackson, the police officers arrested the defendant; that at that place and immediately after the arrest they searched the defendant; and that in searching him they found between the outside and the lining of his coat, at a point near the middle of the back, a new original package containing a can of morphine. The officers retained the can and placed the defendant under arrest. The officers testified that just before the arrest they saw the defendant come out of Trenton and turn down Jackson on the north side. After the prosecution had rested the defendant took the stand in his own behalf. He testified that he was one of the partners operating a fruit store at 622' Jackson, that would be approximately three blocks lower down Jackson on the same side of the street on which he was arrested. He claimed that just before the arrest he had taken a package of fruit to deliver to a customer at 1013 Powell Street; that on his return he was accompanied by two of his cousins; that as they proceeded along Powell to Pacific the defendant found a can of morphine which he thought to be pepper or mustard and that he picked it up and put it in the pocket of his sweater and continued on his way; that on Pacific Street the friends separated and the defendant went to call on his friend Wong, who resided on the south line of Pacific between Powell and Trenton; that he continued his trip by passing through Trenton and turned down Jackson when he was arrested. At the time of his arrest he had in his pocket a bunch of keys. One of the keys fitted the lock at 134A Trenton. The defendant at the time of the trial testified that he never opened up the lining of his coat and afterward sewed it up, and took off his coat and offered it in evidence and