People v. Hooper

GRIFFIN, P. J. Defendants-appellants Bessie Hooper and Wilda Mae Weatherspoon were jointly charged with the crime of feloniously conspiring and agreeing to commit the crime of keeping a house of ill fame in violation of Penal Code, section 182, subsection 1, and section 315. Five overt acts are alleged: (1) that in pursuance of the objects of said conspiracy, on October 15, 1959, one Wade went to a residence at 2055 Logan Avenue and paid defendant Hooper $6.00 for an act of sexual intercourse and defendant Hooper referred him to a prostitute located therein; (2) that on October 24, 1959, he went there again, was admitted by defendant Hooper and Wade paid defendant Weatherspoon $8.00 for an act of sexual intercourse; (3) that at that time these two defendants [26]divided the $8.00, Weatherspoon retaining $3.00 and defendant Hooper, $5.00; (4) that on the same day defendant Hooper admitted one Bradford to that residence; (5) that on said day defendant Weatherspoon occupied said residence for the purpose of lewdness and prostitution.

A plea of not guilty to the charge was entered by defendants. A trial without a jury resulted in a conviction.

The evidence shows, generally, that one Wade went to this residence, knocked on the back door and inquired for a girl. Defendant Hooper said she had “real clean" girls there and the price range was from $6.00 to $10. Wade gave her a $10 bill and he received $4.00 in change. He went to a room with one June or Judy. He saw two other girls there. Defendant Hooper invited him back ‘1 any time. ’ ’ On October 21, he went there again, knocked and inquired of Mrs. Hooper for another girl. She said they were all gone and told him to return the next day. He returned on several occasions and was told the same thing. On October 24, he was invited in by defendant Hooper and she introduced him to defendant Weather-spoon as the “guy who has been coming by . . . looking for a girl.” He was told by defendant Hooper that a room was available for $8.00 per week with a “kitchen and everything.” Wade said he would think it over. Then defendant Weather-spoon and Wade retired to a bedroom and she fixed a price of $8.00 and Wade paid it. The money had been previously marked and furnished to Wade by a police officer. Defendant Weatherspoon took the money and left the room. In less than a minute she returned and she and Wade proceeded to commit certain lewd acts in the bedroom and about that time the police officers arrived. Defendant Weatherspoon and Wade dressed themselves. A $5.00 bill, identified as the same bill previously furnished Wade by a police officer, was found on defendant Hooper and three $1.00 bills, which had also been given to Wade by the police, were found in defendant Weatherspoon’s purse. Both defendants were arrested and a week or two later June or Judy called Wade and told him the defendants had accused him of being a “stool pigeon" and she said that she did not believe it, and in order for him to clear himself he should sign a statement to that effect. He did sign a document stating “I, Bluford D. Wade, is [sic] not a stool pigeon. I never went to this house to see a girl but to rent a room."