People v. Lampkin

SHOEMAKER, J. By separate indictments Ransom Lampkin was accused of selling narcotics on two occasions in violation of section 11500 of the Health and Safety Code. Defendant pleaded not guilty and on trial by jury was found guilty of both offenses. The court denied probation and sentenced defendant to state prison. Prom the judgments defendant appeals.

The evidence most favorable to the prosecution indicates the following: On April 22,1958, Delores Davis met state narcotics agent McBee and federal narcotics agent Perry in Oakland. A police matron searched her at that time, following which McBee gave her $40 in currency and a handbag containing a radio transmitter. Perry then took her to North Richmond where she left the auto and rang the bell at defendant’s home. Receiving no answer, she proceeded to “My Place,” a café owned and operated by defendant since 1957 in association with Gladys Beaner, alias “Little Mama,” and with whom the defendant lived as man and wife.

Mrs. Davis entered the café and defendant, who was talking to a policeman in front thereof, entered a few minutes later. Mrs. Davis asked defendant “what was happening?” Defendant asked her what she wanted, to which Mrs. Davis replied “a cap.” Defendant then left the café and returned about five minutes later whereupon he asked Mrs. Davis to come into the restroom and there he gave her nine capsules and she gave him the $40 with which she had been supplied. By means of the aforementioned transmitter McBee overheard Mrs. Davis’ and defendant’s conversation up to the point where the latter left the café. Mrs. Davis delivered the capsules to Perry and they were later shown to contain heroin.

On April 25, 1958, following another search of Mrs. Davis’ person, McBee again supplied her with $25 in bills dusted with fluorescent powder and the serial numbers of which had been recorded. McBee and Perry then drove Mrs. Davis to North Richmond. Mrs. Davis again went to the “My Place” café and, not finding defendant there, she returned to the agents’ car. In a short time she went back to the café where she met Roosevelt Johnson, Lampkin’s codefendant in this action, who gave her five capsules and for which she gave him the $25 in marked bills. Mrs. Davis then returned to the car and gave McBee the capsules, which were subsequently shown to contain heroin. A few minutes thereafter Mrs. Davis identified Johnson to the agents as he walked toward Lampkin’s home where he was admitted. Later the agents joined repre[104]sentatives of the sheriff’s office and went to the defendant’s residence where Deputy Clark was admitted by the defendant. Gladys Beaner entered the residence at the same time as did other officers and the agents. Clark testified as to what took place upon entering as follows: