People v. Groom

PEEK, J. The sole contention made by defendant in his appeal from a judgment of conviction for possession of marijuana (Health & Saf. Code, § 11530) is that the evidence is insufficient to sustain the judgment. This contention we hold to be without merit.

Subject to the right of the prosecution to introduce additional evidence the cause was submitted to the trial court on the transcript of the preliminary hearing, which contained only the testimony of Officer Madison of the Los Angeles Police Department that at approximately 4:30 a.m. on June 6, 1961, as he and Officer Allen were driving east on Sunset Boulevard in an unmarked patrol car and wearing civilian clothing they observed the defendant walking in the opposite direction; that as the officers passed the defendant he looked over his shonlder toward the patrol car and continued to so [696]watch the officers as they drove on; that the officers likewise continued to watch defendant as they passed; that they then made a U-turn and drove westward back toward defendant; that as they approached the defendant and stopped at the curb, he reversed his direction; that when 15 or 20 feet from the ear he opened his right hand and made a downward throwing motion”; that as he did so Madison saw a small white object fall to the sidewalk and bounce behind a nearby newsstand.

After the vehicle was stopped Madison further testified that he stepped out and identified himself; that Officer Allen then approached and both officers began a conversation with defendant; that while so engaged Madison walked over to the newsstand where he observed a white paper-wrapped cigarette lying on the sidewalk; that the sidewalk was clean, and that there was no other paper or foreign objects on. the sidewalk in the immediate area.

Officer Madison then related that when he asked the defendant where he got the marijuana cigarette the latter replied that it was not his; that there were thousands of people that .walked .by that corner daily; that when Madison told defendant he saw him throw an 'object the “ [DJefendant stated that with what he knew now, that this, he was just carrying one - joint. He would never throw it. He would swallow it.” When the officer told defendant “that he might as well admit that the cigarette was his, that .. . [he] had observed him throw the cigarette,” defendant “stated that he was not going to cop to. anything or admit knowledge of marijuana at this time, and that I knew why.”

No other pedestrians were observed in that area, and traffic was very light. It was hot yet light and the streetlights were stfil burning. -