People v. Hostetter

WOOD, P. J. Defendant was accused of unlawfully selling heroin. He denies an allegation of the indictment that he had been convicted previously of violating section 11500 of the Health and Safety Code. In a jury trial he was con[649]victed; and the allegation of prior convictions was found to be true. He appeals from the judgment.

Appellant contends that the evidence was insufficient to support the judgment; and that the deputy district attorney was guilty of misconduct.

Deputy Sheriff Eeade, who was assigned to the undercover narcotics detail, testified that: On July 27, 1961, about 10:15 a.m., he and one Paul Hald, a police informant, went in an automobile to a place on Elizabeth Street in Monterey Park which was across the street from defendant’s home. While he (deputy) remained in the parked automobile, Hald went into defendant’s house. About 10 minutes later, Hald appeared in the yard of that address and signalled to the deputy, who then went with Hald into defendant’s house. Hald introduced the deputy to defendant. Another man and the defendant’s wife were also in the house. On the table in the living room, the deputy saw approximately 10 capsules which contained a yellowish substance. Also on the table, he saw an eye dropper and a hypodermic needle. The defendant said that the yellow substance did not appear to be heroin, but that is what it was. The deputy asked defendant how much he wanted for a gram. He replied, “Twenty dollars.” The deputy handed $20 to defendant and picked up 10 capsules from the table, and put them in his pocket. Defendant’s wife, who was in the front room, said something to the effect that she would be willing to deal with Hald when defendant was not there. After leaving that house with the capsules, the deputy proceeded in his automobile to the sheriff’s station. When he was about 2 blocks from defendant's house he slowed his automobile so that two surveillant officers could catch up with him. Then he showed the capsules to the other officers, by holding up the capsules which were in a cellophane container. At the sheriff’s station, the capsules were marked for identification, sealed in an envelope, and transferred to the laboratory. The capsules which are in the envelope, marked Exhibit 1, are the capsules that he received from the defendant.

Deputy Sheriff Thornberg, who was assigned to work with Deputy Eeade, testified that: On July 27, 1961, about 9:15 a.m., at the sheriff's station, he searched Hald and did not find any narcotic on him. Then Deputy Thornberg (witness) and Deputy Guiterrez, who were in an automobile, followed Deputy Eeade and Hald to the location across the street from defendant’s house. He (witness) parked his automobile near