People v. O'Neal

PEEK, J. The defendant appeals from a judgment following a verdict of the jury finding him guilty of possession and sale of marijuana in violation of section 11500 of the Health and Safety Code. He admitted and was found guilty of a prior felony conviction under the same section.

At approximately midnight of October 25, 1958, four members of the Stockton police force, accompanied by an informant, one Leslie Chambers, went to the vicinity of a dwelling at 242 West Market Street in the city of Stockton. No one lived on the first floor. One of the four rooms on the second floor was occupied by defendant and his common-law wife, Mary Ann O’Neal. The other rooms were occupied by Mr. and Mrs. Mosely and Mrs. Simms. The second floor also contained a community kitchen used by all of the tenants. At the rear of the building were stairs leading down to the backyard which was not accessible to the public generally.

The officers, after searching the informant Chambers and finding no narcotics, gave him a marked one dollar bill, the serial number of which had been recorded. The officers then stationed themselves a short distance from the house. When Chambers knocked at the front door of the dwelling, someone appeared at an upstairs window visible to the policemen and carried on a conversation with him. During the conversation one William Brown walked up to the house. He and Chambers then entered using a key belonging to Mary Ann which Brown had in his possession. Within four or five minutes Chambers left the house, walked past the police and dropped a cigarette at their feet. After speaking briefly to them he walked away. The officers then attempted to enter the house, but finding it locked waited at the entrance. Looking through a crack they saw Brown and the defendant descending the stairs. When the door was opened the police rushed in. The defendant [404]attempted to run back up the stairs but was apprehended and arrested, as were Mary Ann and Brown.

The three were then taken upstairs to the room from which the unknown person had spoken with Chambers. This room was occupied by defendant and Mary Ann. Defendant was asked to undress and his shirt and trousers were taken by the police. The knees of the trousers appeared dusty. The debris in one shirt pocket and in all of the pants pockets was subsequently found to contain microscopic particles of marijuana. Several bills totaling $17 were found in defendant’s shirt pocket. The marked one dollar bill previously given to Chambers by the officers was folded and on top of the other bills. An officer shone a light in the defendant’s eyes and' observed that the pupils were abnormally dilated, indicating he was under the influence of narcotics.