People v. Fong

NOURSE, P. J. Appellant was tried before a jury on six counts—counts 1 to 4, possession of narcotics in violation of section 11500 of the Health and Safety Code; count 5, maintaining an establishment where narcotics were unlawfully sold, given away or smoked in violation of section 11557, Health [120]and Safety Code; and count 6, possession of a firearm capable of being concealed on the person by a noncitizen. Appellant was found guilty on counts 1, 2, 3, 4, and 5, and not guilty on count 6. Motion for new trial was denied as to counts 1 to 4 and granted as to count 5. Judgment was entered sentencing appellant to imprisonment on the first four counts, violation of section 11500 of the Health and Safety Code. He appeals from the judgment and from the order denying a new trial.

On March 24, 1952, at about 9 -.30 p. m., two officers of the Narcotic Detail of the San Francisco Police Department went to an apartment house at 1540 Hyde Street, San Francisco, and sought admittance to apartment 7. They rang the doorbell and as there was no response forced their way into the apartment where they found a complete set of opium-smoking equipment, consisting of mats, headrests, pipe, lamps and all paraphernalia used for smoking opium. They also found quantities of opium, yen shee, dolophine and heroin, estimated to be worth somewhere between five and twenty thousand dollars. The officers then phoned headquarters requesting additional officers, who were sent out to meet them, whereupon the first .two officers left 1540 Hyde Street and went to 1919 Larkin Street, where, after searching a rear apartment and finding no narcotics, they proceeded to the front apartment where they found Thomas Fong with a woman companion. Fong was searched and several keys were taken from him. Fong was placed under arrest and he and his companion taken to the Hyde Street apartment. Of the three keys found in Fong’s watch pocket, one was discovered to fit the front door of the apartment house at 1540 Hyde Street, another the door of apartment 7 in that building, while another key Fong was carrying unlocked a tin box containing narcotics which was found in apartment 7 at 1540 Hyde Street. Fong denied that the apartment was his but the manager of the apartment house, who was questioned by the police when they returned with Fong, identified Fong as the man who rented the apartment and paid the rent.

Appellant bases Ms appeal on the following grounds:

(1) The evidence was insufficient to sustain the judgment.