People v. Austin

HERNDON, J. Appellant Austin and others were indicted by the Grand Jury of the County of Los Angeles on various counts of selling, furnishing and giving away marijuana in violation of section 11531 of the Health and Safety Code. Appellant was charged in Counts I, II and III of the indictment with offering to sell, selling, furnishing and giving away marijuana on October 25, 26 and 27, 1960. In Counts VI and VIII he was similarly charged on subsequent dates. Appellant entered a plea of not guilty and in a non jury trial was found guilty as to Counts I, II and III, and not guilty as to Counts VI and VIII. He appeals from the judgment of conviction.

Appellant contends (1) that the evidence shows unlawful entrapment, and (2) that the evidence is insufficient to support the judgment of conviction. These contentions are without merit.

Officer Johnson, of the Los Angeles Police Department, testified to the following effect: On October 25, 1960, he met defendant Rosemary Ricks at an establishment in Los Angeles known as the Red Hut. A conversation ensued in which defendant Ricks asked the officer if he had any marijuana. When he answered in the negative, she said that she knew where some could be had. Following her directions, the officer drove. [188]with her to 1016 East 24th Street in Los Angeles. Upon arriving they entered the premises and met appellant. Defendant Ricks asked appellant if he had any “pot,” narcotic jargon for marijuana. He answered in the affirmative, adding that he had only two “sticks” but knew where he could get more. Appellant then directed them to 810 West 52d Street. Upon arriving at this address, appellant received $12 from the officer and $1.50 from the defendant Ricks. He entered the house at this address, returned shortly and handed the officer a package containing a green leafy substance.

The three then proceeded to 1016 East 24th Street where appellant invited Officer Johnson and defendant Ricks to join him inside. Appellant unwrapped a paper bindle, rolled three brown paper cigarettes and handed them to defendant Ricks. Defendant Ricks and Officer Johnson then left and returned to the Red Hut. The officer departed shortly thereafter and went to the Police Administration Building where he marked the package given him by appellant and placed it in a Manila folder. This package was introduced into evidence and a police chemist testified that it contained 25 grams of marijuana.

On October 27, 1960, Officer Johnson again contacted appellant, saying he needed more marijuana. The two of them went to the same address and the officer gave appellant $12 with which to make the “buy.” While the officer waited in the street, appellant went inside the premises and returned shortly thereafter with a package containing a green leafy substance. This package was received in evidence and the chemist testified that it contained 32 grams o£ marijuana.