People v. Smith

WOOD (Parker), J. Defendant was charged with unlawfully possessing heroin. In a nonjury trial, he was convicted. He appeals from the judgment and the order denying his motion for a new trial.

Appellant asserts that the evidence was insufficient to support the judgment.

Officer Beeson testified that on November 28, 1957, he received information from a confidential informant that appellant was dealing in narcotics in the area of Jefferson and San Pedro Streets, that appellant met his contacts at a pool hall, and that he gave the stuff to them in front of the pool hall • the informant gave the name of appellant, and described his appearance, and said that he drove a 1947 Cadillac sedan car and that the left rear windwing of the ear was missing. He testified further that on November 29, 1957, he received information from another informant that on said day about 6 p.m. appellant had sold 20 “balloons” to five persons at 35th and San Pedro Streets, that appellant always went around the corner for another sale just before the pool hall closed, that appellant had a “stash” at 35th and Trinity Streets, and a “stash” near 29th and Paloma Streets. He testified further that about 12:30 a.m. on November 30 he saw appellant driving a black 1947 Cadillac sedan car and that the left rear windwing of the car was missing; at that time one Williams and one Brown were with appellant, who was driving the car; he (witness) and Officer Appleton followed appellant’s ear until it stopped near 35th and Trinity [618]Streets; after waiting about a minute, the officers approached the car, and then appellant was in the street walking toward his car; appellant entered the car on the driver’s side of the car and shut the door; the appellant and the two other persons (Williams and Brown) were arrested and searched by Officer Appleton; Officer Beeson (witness) was of the opinion that Brown was under the influence of heroin at that time; Officer Appleton removed a paper bag from the lining of the front seat on the driver’s side of the car; the bag contained 10 “balloons”; when the officer opened the bag, the appellant said: “What is that stuff? I don’t know where it came from. I never used dope. I don’t have anything to do with it.”

Officer Appleton testified that on December 13, 1957 (about two weeks after the arrest), when he was with Officer Brady, he stopped the appellant and “shook him down” to see if he had any narcotics in his possession. Then appellant asked if he might speak to Officer Appleton alone. After Officer Brady had gone to the police ear which was about 20 feet away, appellant said to Officer Appleton: “You know, it is getting close to Christmas time. I would like to take care of you and the fellow that was with you the other night.” After Officer Appleton asked what he meant, he said, “Well, I would like to give you and your partner some money.” When Officer Appleton asked him how much it was worth to him, appellant said, “Well, I would see that each one of you got five bills.” Officer Appleton said: “Well, when can my partner and I get together with you and talk about it?” Appellant said, “No, I am not going to talk to both of you at the same time because you would have grounds for a bribery case then. ’ ’