People v. Newman

WOOD, P. J. In an indictment the defendant was accused of unlawfully selling heroin. It was also alleged that he had been convicted previously of forgery, a felony. In a non-jury trial he was adjudged guilty and the allegation of prior conviction was found to be true. He appeals from the judgment.

Officer Keyes testified in substance as follows: That on October 23, 1962, about 12:30 p.m., while he and Officer [364]Thompson and a man hy the name of “Eddie” were in an automobile at 112th and Croesus Streets in Los Angeles, the defendant Willie Newman and another man came there in a Cadillac automobile. After Eddie had gone to defendant’s ear and talked to him, the defendant came to the Keyes car where Officer Keyes asked whether he had any caps. When he replied in the affirmative, the officer asked how much he was “selling a cap for.” He replied, “$3.00 each.” Each officer and Eddie said that he would take three caps. Defendant said, “Okay, follow me.” They followed him to 120th Street and stopped behind his car. Defendant walked west on that street, returned within a few minutes, entered the Keyes ear, and handed to Officer Keyes a tissue paper containing nine capsules. Each officer handed $10 to defendant, and Eddie handed $6.00 to him. Then the defendant went away, and the officers returned to the police station where they found that the capsules contained a white powdery substance. Officer Keyes wrote his initials on the capsules, placed the capsules (and tissue paper) in a small envelope which he sealed, and placed that envelope in a larger envelope which he sealed and delivered to the property division of the station. Officer Keyes had not seen the defendant prior to said day, and did not see him again until November 17 when the defendant, after his arrest, was brought to the police station.

It was stipulated that Richard J. Single was an expert forensic chemist. Then the deputy district attorney said to the court, ‘ ‘ [M] ay this envelope [apparently referring to the large envelope above mentioned] and its contents be marked People’s 1 for identification?” The court replied in the affirmative. Then it was stipulated (according to the reporter’s transcript before it was amended as hereinafter stated) that: “Richard J. Single has been deemed to have ... testified that on October 25th, 1962 he received the envelope marked People’s from the Los Angeles Police Department Crime Laboratory; ... that he ... found the envelope contained nine clear capsules of a white powder, and that he tested three at random ... and as a result of ... chemical examination ... determined that they contained the narcotic heroin____” (It is to be noted that after the word “People’s” in the above stipulation there is no number identifying the envelope as an exhibit. This omission is the basis for appellant’s contention on appeal to the effect that the evidence was insufficient to prove that a narcotic was in the capsules.)