People v. Thome

WOOD (Parker), J. Defendant was charged with unlawful possession of marijuana. In a non jury trial, he was convicted. Allegations in the information that he had been convicted previously of two felonies (robbery and unlawful possession of narcotics) were found to be true. He appeals from the judgment.

Appellant contends that the officers obtained the marijuana [669]by illegal search and seizure; and that the evidence was insufficient to support the judgment.

Officer Faulkner testified that on the morning of December 10, 1957, he received confidential information that defendant would have narcotics in his possession when he returned to his home between 9 a. m. and 11 a. m. on that day. About 10 a. m. of that day, Officers Faulkner and McMahon went to defendant’s home, and about five minutes thereafter defendant drove his car (two-door car) into the yard and parked the car. Officer McMahon went to the driver’s side of the car and asked defendant to get out. Officer Faulkner (witness) opened the right door of the car and, as he pushed the back of the right front seat forward, a hand-rolled cigarette fell to the floor back of the seat. The cigarette resembled a marijuana cigarette. When Officer McMahon called defendant’s attention to the cigarette, defendant said, “If there is anything in that car, it don’t belong to me.” The officers went to defendant’s house, which was about 30 feet from defendant’s car. Then defendant grabbed Officer Faulkner’s arm and attempted to prevent the officer from entering the house. The officers entered and searched the house. Officer Faulkner found, on a kitchen shelf, a jar in which there were 11 hand-rolled cigarettes, 3 packages of cigarettes wrapped in tinfoil, and 2 paper sacks. In one sack there were seeds, and in the other sack there was a leafy substance. On another shelf he found 2 hand-rolled cigarettes. Defendant said that he owned the car which he drove into the yard. Defendant also said that the cigarettes and sacks, which were found by the officers, “must belong to a J. C. Moss.” Later, on the way to the police station, defendant said that a man had stated that he would “plant marijuana” on defendant. Officer Faulkner (witness) knew the defendant and had arrested him previously upon a charge of sale and possession of narcotics.

Officer McMahon testified that when defendant was at the police station, after the arrest, defendant said he would tell where he got the marijuana if the officers would not “use it against” him. After the officer had said that such a promise could not be made, the defendant said that he got it from Bob Buckner.