People v. Black

CONLEY, P. J. Everett Lee Black was convicted of pimping, in violation of section 266h of the Penal Code. The evidence was ample to prove his guilt of procuring for the purpose of prostitution. The court pronounced judgment that he be imprisoned in the state prison for the term prescribed by law but then suspended execution of the sentence and placed the defendant on probation for five years, subject to certain conditions; a short time later, a warrant was issued for defendant’s arrest and he was found to have violated the terms upon which the sentence had been suspended, and his probation was revoked; it was ordered that the sentence previously imposed be executed.

James Hall, a detective sergeant of the Roseville Police Department, operated as an undercover agent for law enforcement in the City of Oroville, beginning Saturday, September 5, 1964; he met appellant Black at a tavern there; he told Black that he had been recommended to him as a “good person to contact.” From the time of the original meeting and through the next period of 12 hours or so, several conversations took place between the defendant and the officer; Black asked him if he was interested in “a little action,” and proceeded to arrange for an opportunity for the officer to have sexual relations with Black’s woman companion, Barbara Richardson. Officer Hall paid Black $20, and after the meeting with Barbara Richardson was arranged, he accompanied the woman to her place of temporary residence where the officer gave her an additional $10. After she had disrobed, the officer arrested Barbara and took her to the police station. Another policeman, working in collaboration with Officer Hall, arrested defendant Black at a different place and “frisked” him immediately, finding at that time that he had paper money in his pocket; the defendant was taken to the police station where the paper money on his person was removed and counted; it was there noted that some of the bills were the [604]same as those previously given by Officer Thompson to Hall after serial numbers had been recorded.

At the trial, Barbara Richardson took the stand and testified that she was asked by defendant Black to have sexual relations with Officer Hall; she corroborated Hall’s testimony as to their meeting and what took place there.

George Oliver testified that on two different occasions, one before Black’s arrest and one afterwards, Oliver had sexual intercourse with Barbara Richardson as a result of arrangements made by him with Black • he said that on the first occasion he paid the sum of $30 to appellant for the illicit purpose, and that the next time he paid the same sum directly to Barbara Richardson.