People v. Island

FOURT, J. This is an appeal from a judgment of conviction of three counts of selling heroin.

In an indictment filed November 29, 1961, in Los Angeles County, defendant was charged with selling heroin on August 1, 1961, August 2, 1961, and August 11, 1961. It was further set forth that defendant previously had been convicted of an offense involving narcotics. Defendant pleaded not guilty and denied the prior conviction. A jury was waived. A trial was had and defendant was found guilty as charged. It was also found that the defendant previously had been convicted as charged. Defendant applied for probation, which was denied, and he was sentenced to the state prison.

A résumé of some of the facts is as follows: Jerry Chavous, a Los Angeles policeman assigned to the narcotics squad, was acting as an undercover officer on August 1, 1961. On that date, at a hotel, the officer saw defendant, who was known to him as “Nick” and “Nap.” The defendant was with George Grady, an informant. The officer handed Grady $30 and Grady in turn handed the money to defendant. Grady stated to the defendant that he, Chavous, wanted “a deuce” (which translated meant a half gram of narcotics). The defendant took apart a large balloon, which contained some smaller colored balloons, and handed two of the smaller balloons to Grady, who then punctured one of them, made a quick test of the material therein and gave the two balloons to the officer. The officer made the usual identification marks on the balloons and turned them over to the proper booking officers.

On the next day, August 2, 1961, at a different location, the defendant and Grady met Chavous. The officer gave Grady some money. Grady in turn handed it to the defendant. The defendant then handed a yellow balloon to Grady, who in turn handed the balloon to the officer. The balloon was marked and booked at the police station.

Chavous again saw the defendant on August 11, 1961, and was asked by defendant, “Are you looking for some stufff” “Stuff” as so used meant narcotics. Chavous replied, “Yes,” and defendant stated that his man had not come yet but that he would take him around where narcotics could be secured. Defendant said that the cost would be $3.00 per “cap” and Chavous gave defendant $21 for seven capsules. [553]They walked down the street to a hotel, where the officer was directed to wait outside. In about 10 minutes the defendant returned and gave Chavous seven capsules wrapped in paper. The capsules were marked and booked at the police station.