People v. Crawford

KAUFMAN, P. J. Defendant appeals from a judgment rendered on a jury verdict finding him guilty of unlawfully planting and cultivating marijuana in violation of section 11530 of the Health and Safety Code and from the order denying his motion for a new trial. The only question presented by the appeal is whether the evidence is legally sufficient to sustain the conviction, and after an examination of the record, it is our opinion that it is. Among the facts and circumstances disclosed thereby are the following:

The witness, John Contreres, testified that he had visited the defendant at his home in Dows Prairie in Humboldt County early in September of 1960. The defendant took him behind the house and showed him approximately one dozen plants and told him that the plants were marijuana. Contreres also saw these plants on several other occasions and saw the defendant water them. Subsequently, at the suggestion of Contreres and with his help, the defendant moved the plants and replanted them in a wooded area located some distance behind the defendant’s house and near Strawberry Creek. Contreres also observed the defendant watering the plants after transplantation. Contreres further testified that when he saw the plants growing behind the defendant’s home, he knew a criminal offense was being committed; his purpose in suggesting the transplantation was to see how long the defendant would keep them by the creek and it was his intention from the beginning to tell the sheriff about the matter.

On September 18, 1960, Contreres informed Deputy Sheriff Taylor of the plants near Strawberry Creek. Taylor contacted Deputy Sheriff Cox, and on September 20, 1960, Contreres led Cox to the plants. Cox testified he observed a plot of ground approximately 2% by 3 feet containing 27 plants, each about 3 inches high. On the following day, Cox returned with Deputy Sheriff Johnston and Sergeant Busey of the Eureka Police, removed one plant from the ground and sent it to the State Narcotics Bureau office in San Francisco for analysis. Cox then stationed himself in the brush about fifty feet from the [73]plants and maintained a stakeout. No one appeared for three days.

When Cox returned to location on September 30, 1960, about 6:30 a. m., he noticed the plot still contained 26 plants and remained undisturbed. He again stationed himself in the brush and waited. About 11:30 a. m., he saw the defendant approaching down the hill from the direction of his home. When the defendant arrived at the base of the hill, he stopped and looked at a man cutting wood approximately one hundred yards away. Defendant continued on, stopping and looking in all directions, as he neared the plants. When the defendant arrived at the plot containing the plants, he stepped off onto a nearby log and looked around for a few seconds. Cox stated that the defendant was carrying a lug box and a long handled spoon. Defendant got down on his hands and knees by the plants and placed the box alongside. After waiting three or four minutes, Cox, who was dressed in levis, baseball cap and a khaki shirt with sheriff’s patches on both arms and a badge, walked up behind the defendant and asked him what he was doing. The defendant jumped to his feet and threw the spoon into the brush and asked the officer what he was doing. Cox told him he was observing marijuana plants. Defendant then professed ignorance, stating he did not know what marijuana plants were and stated that he was digging for fish worms. Cox placed the defendant under arrest and recovered the spoon which had some dirt on it and the empty lug box. Cox further testified that at the time of the arrest, the defendant had fishing gear with him, there was sufficient water for fishing in Strawberry Creek, and there was no dirt on the defendant’s clothing.