People v. Goree

GRIFFIN, P. J. Defendant and appellant was charged in count one of an information with violating Health and Safety Code, section 11531; that on April 2, 1959, he sold, furnished and gave away marijuana; and in count two with violating Health and Safety Code, section 11530, on August 8, 1959 (possession of marijuana). He was also charged with prior convictions of a felony (armed robbery and receiving stolen property). He admitted the prior convictions and plead not guilty to the offenses charged. The jury returned a verdict of guilty on both counts.

The evidence at the trial disclosed that James D. Massey, an undercover agent for the sheriff, purchased one marijuana cigarette from defendant on April 2, 1959. This was the offense charged in count one. At the completion of Massey’s undercover investigation, defendant and numerous other persons were arrested August 8, 1959. Defendant was asleep on a porch attached to his mother’s home in Bakersfield when the arresting officers apprehended him. He was asked to put on his clothes and come along with the officers. He did so. At the jail, his clothing was searched and traces of debris were found in his shirt pockets. Analysis of this debris showed it to be marijuana. This was the offense charged in count two.

Defendant testified that he had never talked to Massey except once when Massey asked him for narcotics and defendant said he refused the request. Defendant admitted that he had previously used marijuana but said that he had stopped doing so some years before. He testified that on April 2, 1959, he was employed as a handyman at a mortuary and he worked that morning and was so working at the time Massey claimed to have purchased the marijuana cigarette from him. Defendant’s employer testified that defendant worked under his supervision at the mortuary and was paid for working on April 2, 1959; that, however, defendant did not punch a time clock and his duties required him to take ears out to be serviced and lubricated and that occasionally he was given [618]time off to attend to personal affairs during the morning working hours.

The defense made no objection to the physical evidence and no issues with regard to search and seizure were involved at the trial. During cross-examination of Massey, he was asked whether he had been convicted of a felony and he said that he had not. Then he was asked if he had been convicted of assault with a deadly weapon and he admitted he had been so convicted. At one point in the trial, the defense attorney referred to Massey as a “professional liar” and the court ordered the comment stricken. The defense attorney then cut short his cross-examination of Massey.