People v. Rodella

VALLÉE, J. A jury convicted defendant of selling marijuana. He appeals from the judgment and the order denying his motion for a new trial. His points are errors in the admission and exclusion of evidence, and misconduct of the district attorney. It is conceded the evidence supports the verdict.

About 2 :15 p.m. on August 6, 1958, Joel Lesnick, a Deputy Sheriff, in company with one Dale Whipperman, went to the home of Warren and Larry Lilly in South San Gabriel. Whipperman was an informer. Lesnick drove into the yard and met defendant and the Lilly brothers. Whipperman introduced Lesnick to defendant as “Joe.” Lesnick asked defendant “if it would be possible if he had any marijuana.” Defendant said “yes.” Lesnick said he wanted to get “a can.” Defendant said, “It will be $10. Meet me at the Garvey Park in about ten minutes.” Lesnick and Whipperman went to Garvey Park. A few minutes later defendant arrived in an automobile. He motioned Lesnick and Whipperman to enter the car, which they did. They drove around the block. As they did so, defendant handed Lesnick a bag containing an ounce of marijuana. Lesnick gave defendant $10 and left in his car with Whipperman.

Lesnick next saw defendant on August 11, 1958, at a wash-rack where defendant was changing tires on his automobile. Lesnick assisted defendant and while they were talking said [917]he wanted to buy some more “weed.” Defendant stated, “Well, go get Dale Whipperman and meet me in Garvey Park in about 15 minutes.” Lesniek located Whipperman, and with him drove to Garvey Park. Defendant arrived shortly, left his car, approached Lesniek, and said he had been drinking a little bit and that he was a little bit leery as to who Lesniek actually was and that was why he wanted Mr. Whipperman along. Defendant stated: they had been thinking quite a bit about the last sale of narcotics he had made to Lesniek; he was not sure who Lesniek was; he was afraid that he might be a police officer; and he asked Lesniek whom he knew in the area. Lesniek said he knew the Lilly brothers. Defendant said, “Let’s go over to their place and see if they can vouch for you.” Defendant, Lesniek, and Whipperman then drove to the Lilly brothers’ place. Defendant asked the Lilly brothers how well they knew Lesniek, whether he was “O.K.,” saying that selling narcotics was a dangerous business and he wanted to make sure he was “O.K.” and that he “wasn’t the heat or a police officer.” Larry Lilly said he had seen Lesniek around a few times but did not know him too well. Defendant asked Lesniek what area he was from. Lesniek gave him a Hollywood address. Defendant stated he would contact him and cheek to see if he was “O.K.” Defendant did not sell Lesniek any narcotics that day.