People v. Wood

WOOD (Parker), J. Defendant was charged in three counts with violation of section 11170.5 of the Health and Safety Code, in that he did unlawfully give a false name and false address in connection with the prescribing or furnishing of a narcotic. It was also alleged in the information that on October 5, 1928, he had been convicted of violation of the State Poison Act; and that on March 14, 1932, he had been convicted of violation of the Harrison Act; and that upon each conviction he had served a term of imprisonment. Defendant denied the allegations regarding prior convictions. Trial by jury was waived, and upon stipulation the ease was submitted to the trial court upon the transcript of the preliminary examination. It was also stipulated that the People or defendant would have the fight to present further evidence. Defendant was adjudged guilty as charged in the three counts; and it was found that the charges of prior convictions were true. Defendant appeals from the judgment.

Said section 11170.5 provides: “No person shall, in connection with the prescribing, furnishing, administering, or dispensing of a narcotic, give a false name or false address.”

Appellant contends that there was no evidence that he gave a false name; and that the evidence is insufficient to establish that he gave a false address.

Three prescriptions for morphine sulphate, which is a nar[772]cotic, were written and signed by Dr. Ratner, a doctor of medicine, and were delivered by him to defendant on the respective dates shown on the prescriptions. Those dates were March 28, April 4, and April 11, 1953. The name “Harry Ellis” and the address “531 South Ardmore, Los Angeles” were on each prescription. The prescriptions were received in evidence as exhibits A, B, and C.

Dr. Ratner testified that he had seen the defendant over a period of approximately ten months; he knew defendant by the name “Harry Ellis”; defendant gave him the address “531 South Ardmore, Los Angeles”; the reason he signed the prescriptions was that both legs of defendant had been amputated and he had painful stumps, and it was necessary to alleviate the pain.

A pharmacist testified that on each of the dates shown on said prescriptions the defendant presented one of the prescriptions to him at a pharmacy, and he (witness) filled the prescription and delivered to defendant a package containing morphine sulphate, a narcotic which the prescription called for.