People v. Williams

STEPHENS, J. Defendant Arthur Williams appeals from a judgment entered after trial by jury finding him guilty of possession of marijuana, in violation of Health and Safety Code section 11530. Defendant contends that various prejudicial errors were committed by the prosecuting attorney during his closing arguments to the jury.

On Sunday, July 31, 1966, at shortly before noon, defendant was found by a Los Angeles City ambulance crew at the intersection of Linden and California Court in Venice. Defendant was sitting on the ground in a very intoxicated state and smelling of liquor. Officer Jerry Jones of the Los Angeles Police Department arrived shortly after the ambulance crew. The officer took defendant into custody and took him to the Venice station for booking. At the station, defendant was having difficulty in removing his personal possessions for safekeeping at the booking counter. Officer Jones assisted defendant in removing the items from his person. Jones testified that he removed defendant’s wallet from his left rear pocket and beneath the wallet he found and removed a plastic bag which contained six hand rolled cigarettes, later found to contain marijuana. According to the officer, defendant made the spontaneous remark: “You were going to book me for drunk, and now you are going to book me for possession.” The officer then testified that he duly advised defendant of his constitutional rights and ascertained that defendant understood them. Defendant was then queried as to where he had obtained the cigarettes. He stated that he had found them on the street near Seventh and Broadway the previous night.

. Defendant asserted on the witness stand that he had found the cigarettes early on Sunday morning near Seventh and Broadway while he was walking with a friend, one Clyde Smith, Jr. The two had been drinking the night before and were on their way back to the scene of the party to further indulge. Defendant admitted to having a “drinking problem.” Along the side of the sidewalk in some weeds, defendant saw the plastic bag. Smith asked what it was and defendant said that it looked like marijuana cigarettes. Smith asked what he was going to do with them, and defendant replied that he was going to turn them over to the police. Defendant then put the sigarettes into his jacket pocket.

The two continued to their friend’s house, where, they consumed some beer and scotch. Defendant said that he became dizzy and laid down. About 30 minutes later his host had to leave and defendant was informed that he and Smith [439]