People v. Tokich

GRIFFIN, Acting P. J. Defendant and appellant Martin Emill Tokich was convicted by the court, sitting without a jury, of - the crime of feloniously possessing four grains of heroin on September 4th, 1953, in violation of section 11500 of the Health and Safety Code. There was a prior felony conviction under section 503 of the Vehicle Code admitted, for which he served a term in state’s prison. Defendant’s motion for a new trial was denied.

Defendant and one Bellatich were apprehended in front of the premises at 2025 West 15th Street in Santa Ana on September 4, 1953, about 4 p. m. They had driven their car past these premises at 3 p. m. and two officers, pursuant to certain information obtained by them, were watching their actions. As defendant left the car and was approaching the premises he was stopped by the officers and a weapon search was made. Bellatich, who remained seated in the car, was similarly searched. No weapons were found and they were taken to the sheriff’s office and there a “skin search” was made and their clothing was entirely removed. When defendant’s shirt was removed it was given to one of the officers who discovered, in the defendant’s presence, four packages of white powder wrapped in tinfoil, in the upper left front pocket thereof. Both defendant and Bellatich denied the packages were theirs.

The following day tests were made of the substance and it was found to be heroin. A conversation was then had with [641]defendant and, according to the officers, there was a general conversation between them as to narcotic activities in that area. One of the officers remarked to the defendant: “One or the other of the two of you are, or probably both of you are guilty of the possession of these four papers”; that he did not want an innocent man to be tried for the possession if he was actually innocent; and that he would like to know to whom the papers belonged. The defendant replied that he had been peddling “H” for approximately six months prior to the day he was arrested in Los Angeles County for possession of “120 caps of heroin.” The officer then said that he asked defendant if the papers found in his pocket belonged to him and he stated that they did; that he asked him if Bellatich knew anything about the papers and he stated he did not know anything about them; that he was then asked how Bellatich happened to be with him and defendant said that on his way from San Pedro to Santa Ana he stopped by Bellatich’s home and asked if he would ride with him to Santa Ana to see his sister; that defendant was then asked what he was going to do with the four papers that he had in his possession and he stated that he was about to deliver them to a customer when he was arrested; and that he then asked defendant what he would do if some individual turned on one of his children and he stated he would kill him.