People v. Daley

SHINN, P. J. In a court trial, Francine Daley was found guilty of possessing marijuana and probation was granted on condition that she serve six months in the county jail. She appeals from the judgment and the denial of her motion for new trial.

The evidence consisted of that received at the preliminary hearing and additional evidence introduced at the trial. It. It. Fusilier, a police officer for the city of Los Angeles attached to the vice squad, received information from three confidential informants that a “redhead” called Fran and a “brunette” called Wendy or Wanda were engaging in prostitution and holding marijuana parties in a second-story apartment at 1035 South Cloverdale. Officer Fusilier telephoned the apartment three or four times and talked to Wendy (Shielah Hally) about “prostitution deals.” He also went to the premises and spoke to her about prostitution. On that occasion, he saw appellant leaving the apartment; appellant had red hair; he had previously seen her enter and leave about 10 times.

On the afternoon of February 28, 1958, Fusilier and another officer went to the premises and placed a ladder against the side of the building. Fusilier climbed up the ladder, looked through the bathroom window and observed Shielah Hally walking around the apartment. He saw no one else. The telephone rang. Miss Hally answered it and he heard her say: “I got scared, and flushed three cans of marijuana down the toilet yesterday. Somebody was going to fink on us. I had about 13 marijuana cigarettes in my purse in a cigarette package, and my friend Fran took them with her, and she will be back later. ’ ’ She also said that Fran was carrying the cigarettes in her purse and had taken them with her to a dentist’s office.

A few minutes later, Fusilier heard a car drive up. He testified at the preliminary hearing that he saw appellant enter the apartment in the company of two men but he testified at the trial that although he saw someone entering the apartment he did not recall seeing her enter. Fusilier and his fellow officer walked up to the front door, which was opened by Shielah Hally. There were four persons in the apartment. Fusilier identified himself, seized appellant’s purse and emptied its contents onto the floor; a cigarette package fell out; appellant was placed under arrest for possessing narcotics. Inside the package were three cigarettes which were proved to contain marijuana. When questioned by the officers, appellant admitted that the contraband was hers.

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