People v. Jones

DOOLING, J. Defendant appeals from a judgment entered upon the verdict of guilty of possession of marijuana in violation of Health and Safety Code, section 11500. He is represented by court-appointed counsel.

Appellant argues: 1. that the evidence is insufficient to support the judgment; and 2. that the court committed prejudicial error in sustaining objections to certain questions.

Appellant insisted upon conducting his own defense although, with his consent, the court assigned a deputy public defender to counsel and assist him.

On April 12, 1958, appellant paid one week’s rent in ad[97]vanee to Mrs. Gladys Gentry, and moved into quarters in her rooming house at 1062 Fulton Street in San Francisco. Appellant’s apartment, one of two in the third floor attic, consisted of a bedroom and kitchenette. There was one door to this apartment cut at an angle to conform to the roof of the house which opened into the bedroom. This door was not used and was kept locked by a bolt on the inside. The only other outside door opens into the kitchenette and is provided with a lock. Appellant occupied this apartment from April 12 until April 17 when he was arrested on a charge of vagrancy. He was confined in jail thereafter and never returned to the apartment. On April 19 he telephoned to Mrs. Gentry asking her to get someone to furnish bail to release him from jail, which she refused to do. On April 24, since appellant’s rent was overdue and he had not returned, Mrs. Gentry advised the police of these facts by telephone and then with her husband entered his apartment to pack his belongings and remove them. On the window sill inside the bedroom they found a box containing cigars and a substance which Mr. Gentry thought looked like marijuana. The next morning they notified the police and admitted them to the apartment. An analysis of the substance in the cigar-box established that it was marijuana.

Mrs. Gentry testified that the smaller door to the apartment was locked with a bolt from the inside. Appellant produced evidence that this bolt was defective and that he had had to prop a chair against this door to keep it from opening. As to the door leading to the kitchenette Mrs. Gentry testified that she had given a key to this door to appellant when he rented the apartment. Appellant denied flatly ever receiving such a key. Mrs. Gentry further testified on cross-examination that the rooms were not kept locked when they were not rented. Appellant produced witnesses who testified that on one occasion before April 17 they went to appellant’s apartment in his absence and found the door to the kitchenette unlocked. There was also testimony that some of his clothes which had been in the apartment were found to be missing.