People v. Williams

SCHOTTKY, J. Billy Williams was charged by information with the crime of a violation of section 11500 of the Health and Safety Code, unlawful sale of a narcotic. He pleaded not guilty, and following a trial before the court without a jury was found guilty. His motion for a new trial and his application for probation were denied and judgment was pronounced. He has appealed from the judgment and from the order denying his motion for a new trial.

The principal contention of appellant is that the judgment and order should be reversed for the reason that the evidence discloses as a matter of law that he was the victim of an unlawful entrapment. Before discussing this contention we shall give a brief summary of the evidence as shown by the record.

A Mr. Robert Mellen, while working as an insurance adjuster in the city of Stockton, became acquainted with the narcotic traffic in that city. He reported the matter to the district attorney of San Joaquin County and was employed by the district attorney as an investigator. His instructions were to investigate the narcotic traffic in the city and to discover if possible the source of the narcotics and the persons to whom sales were being made. The purpose of his employment was not to secure evidence particularly against Billy Williams.

In order to accomplish his purpose, Mr. Mellen frequented the various places in the city of Stockton where the subject of narcotics was discussed, and particularly a place referred to in the transcript as the Lido Club. During the course of his investigation, Mr. Mellen on several occasions advanced money to the appellant, Billy Williams, upon the agreement that the appellant would supply him with marijuana.

On the evening of April 7, 1956, Mr. Mellen met the appel[658]lant at the Red Rose Drive-In. At that time the appellant was with one Melvin Estrada and two young women. Mr. Mellen was in his own automobile. A conversation occurred at that time between Mr. Mellen and the appellant concerning marijuana. The appellant at that time had in his possession an envelope co'ntaining material which appeared to be marijuana, and it was agreed that the appellant would meet Mr. Mellen later at a place known as the Rolling Pin, in Stockton. Mr. Mellen later met the appellant at the Rolling Pin at approximately 1 or 2 a. m. He observed the appellant drive up and stop in front of the Rolling Pin and saw the appellant and Melvin Estrada leave their automobile and place something behind a barber pole. Mr. Mellen was later informed by the appellant that this was their “stash.” The appellant, Mr. Estrada and Mr. Mellen then entered the Rolling Pin, secured a booth in a small room adjoining the soda fountain. Two young women and a Tom Sims were also present. They discussed the subject of marijuana, the appellant stating that he had marijuana with him and that he would take the same into the men’s room and roll some cigarettes. The appellant then left with Mr. Estrada and went into the men’s room and returned shortly when a Negro sailor walked into the men’s room. Appellant said that he had been upset because he did not know who walked into the men’s room as he and Mr. Estrada were in the process of rolling the cigarettes. As soon as the Negro sailor was seen to leave, appellant returned to the men’s room where he remained approximately three or four minutes. The appellant then returned to the booth where Mr. Estrada and Mr. Mellen were sitting and handed Mr. Mellen two cigarettes. These cigarettes were retained by Mr. Mellen and delivered to a police officer who in turn delivered them to the State Bureau of Criminal Identification and Investigation. They were identified by a chemist as containing marijuana and introduced at the trial as People’s Exhibit No. 1.