People v. Johnson

WOOD, P. J. By indictment defendant was accused of unlawfully selling heroin. At the arraignment, the indictment was amended to show that defendant’s true name is James Baker Johnson (changed from James J. Johnson). Thereafter, in court in the presence of defendant and his counsel, an amendment to the indictment was filed, alleging two prior convictions. (In Missouri—assault with intent to kill, a felony; in California—violation of section 11500 of the Health and Safety Code, a misdemeanor.) He was arraigned on the amendment, and he denied the prior convictions. Trial by jury was waived. It was stipulated that the prosecution’s case in chief might be determined upon the testimony and exhibits as shown by the grand jury transcript. Defendant was adjudged guilty, and the allegations as to prior convictions were found to be true. He was sentenced to state prison. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment; that the deputy district attorney was guilty of prejudicial misconduct in cross-examining a witness; and that the court erred in permitting the indictment to be amended to recite his true name.

Officer Hairston testified that: On September 27, 1960, about 3:30 p. m., he and Edward Pier met defendant and another man in the 2500 block of Raymond Avenue in Los Angeles. The other man was unknown to the officer. Pier said to the officer, “He [referring to defendant] can get some stuff.” Defendant said, “Come to Kenwood and Jefferson.” The officer asked how he (officer) could get there. Defendant [359]said that the other man (unknown man) would ride with the officer. The officer and the other man rode, in the officer’s ear, to the place mentioned. At that place, the defendant went to the officer’s car and said, “They are five-dollar caps.” The officer handed a ten-dollar bill to defendant, who then went away for approximately ten minutes. Upon returning, he handed two capsules, containing a white substance, to the officer, who asked if defendant had a balloon for the capsules. Defendant went away and returned within approximately five minutes, and said, “They are out. Are you going to give me a taste.” The officer handed him a one-dollar bill. Defendant said that he would rather have “a taste of the stuff.” Then the officer returned to the police station and delivered the capsules to the property division of the station.

At the grand jury hearing on November 4, 1960, the officer identified a photograph as a photograph of the person from whom he purchased the capsules. At the trial the officer identified the defendant as the person whose photograph was exhibited to the grand jury, and as the person from whom he purchased the capsules. Also at the trial, the officer testified that Pier was present, and about 5 feet from defendant, when the defendant handed the capsules to the officer.