People v. Etress

WHITE, P. J. The Grand Jury of Los Angeles County returned an indictment wherein defendant was charged with a violation of section 11500 of the Health and Safety Code, a felony, in that on or about March 14, 1958, he unlawfully sold a narcotic, to wit, heroin. A prior felony conviction of the crime of escape was also alleged. Defendant pleaded not guilty and denied the alleged prior conviction. Trial by jury was duly waived. By stipulation, the People’s ease was submitted on the transcript of the testimony taken before the grand jury, each side reserving the right to offer additional evidence. After the court had read the grand jury transcript and heard additional evidence, defendant was adjudged guilty of the offense charged in the indictment. His motion for a new trial was denied, and he was sentenced to state prison. No finding was made on the prior conviction of the crime of escape. Prom the judgment and the order denying his motion for a new trial, defendant prosecutes this appeal.

As to the factual background of this prosecution, the record reveals that at approximately 6 o’clock on the evening of March 14, 1958, Los Angeles City Police Officer George Renty, [684]attached to the narcotics detail had a transaction with defendant, when the former met the latter on Central Avenue near 43rd Street in the city of Los Angeles. The officer approached defendant and asked him, “What’s happening man?”, to which defendant replied, “Man, do I know you?” The officer replied, “Man, you know you’ve seen me around here on the avenue.” At this point, according to the officer’s testimony, the defendant “seemed to recognize me” and said, “Oh, yeah, I remember you now. What do you need?” Thereupon, the officer said, “I only have ten dollars, so let me have one of those ten dollar things.” Defendant thereupon took a small green balloon from his mouth and Officer Renty gave him 10 dollars in change for it. This balloon was taken to the Central Police Station, marked and booked as evidence. There was white powder in the balloon at the time it was received. Officer Renty initialed the balloon, and placed it, together with its contents, in a small vial container. He placed the vial container in a small manila envelope which in turn was placed in a larger manila envelope marked “Grand Jury Exhibit 49-1. ’ ’ Then, he sealed the envelope with red sealing wax and placed his fingerprint on the seal.

On March 20,1958, Police Officer Jack Olin Carter, a qualified forensic chemist of the Scientific Investigation Division of the Los Angeles Police Department, received the sealed envelope marked “Grand Jury Exhibit 49-1.” He opened it by cutting around the red seal with a pair of scissors and removed the contents, a small manila envelope containing a small glass vial, and within the glass vial a blue balloon tip. The balloon tip was found to contain approximately four grains of a white powder. Officer Carter subjected samples of this powder to a series of chemical and microscopic tests, and as a result of these tests formed the opinion that the white powder contained the narcotic commonly referred to as heroin.