People v. Blanton

FOX, P. J. The district attorney filed an information charging the defendants with violating section 11500, Health and Safety Code, in that on or about September 29, 1960, they had possession of a narcotic, to wit, heroin. Blanton was acquitted. James was convicted and sentenced to the state prison. He has appealed from the judgment and sentence.

A few days prior to the arrest of appellant, Officer Drees, of the Los Angeles Police Department, Narcotic Division, received information from United States Customs Agent Neil Greppin that two male Negroes, both big men, living at 2657 South Budlong, in Apartment 7, were receiving large quantities of heroin directly from a connection in Mexico. He stated that one of the men was Joe Hays and the other Willie [sic] Blanton. Other information, obtained by Sergeant Grennan, included both Blanton’s and appellant’s names and gave the above address and apartment number. Sergeant Grennan was also told that appellant was being paid $100 a week to watch the stach (heroin) at the apartment. With this information, the officers went to the above address at about 2 p. m. on September 29, 1960. They did not have a warrant for the arrest of either of the named persons nor did they have a search warrant for the premises.

[280]The landlady accompanied the officers to the apartment. She knocked on the door and called for Blanton.1 The appellant opened the door.2 Sergeant Burkland identified himself as a police officer and asked appellant his name. He replied, “David James.” The sergeant inquired whether they might come in. He said, “Yes.” Upon the entry of the officers, Sergeant Burldand told appellant that they were there because of information that “he was sitting on a staeh” for Blanton, and asked appellant if he objected to their searching the apartment. Appellant said, “No, go ahead.” The officers thereupon conducted a search. In the bathroom, under the sink, Sergeant Burkland found a cellophane package containing 46 white, paper-wrapped bindles, which contained a white powder that proved to be heroin.

It was stipulated that Sergeant Grennan would testify that he had a conversation with appellant in which appellant stated to him, “I have known Bennie, the codefendant Blanton, for about a month.3 I heard on the street he was a dope peddler and I was suspicious of why he wanted me to stay here, for that reason. When I told you to go ahead and search, after you told me who you were, I didn’t know any dope was there. Bennie brought me here this morning at 9 a. m., and told me not to let anyone come in, because he had some stuff in this apartment he did not want anyone to know about, and he told me that he would pay me for staying here when he came back in the afternoon. I have stayed here and watched this apartment for him for about four or five times in the past.” Appellant further stated that he lived elsewhere; that he merely stayed there on different occasions for a period of time for Blanton.