Grady, In re
| Decision Date | 24 August 1964 |
| Docket Number | Cr. 7816 |
| Citation | 61 Cal.2d 887,39 Cal.Rptr. 912,394 P.2d 728 |
| Court | California Supreme Court |
| Parties | , 394 P.2d 728 In re Arthur Charles GRADY on Habeas Corpus. |
Arthur Charles Grady, in pro. per., and Rufus W. Johnson, Anaheim, under appointment by the Supreme Court, for petitioner.
Mitchel J. Ezer, Beverly Hills, A. L. Wirin and Fred Okrand, Los Angeles, amici curiae on behalf of petitioner.
Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., and Jack K. Weber, Deputy Atty. Gen., for respondent.
Petitioner, now confined in the California Men's Colony at Los Padres after conviction for unlawful possession of narcotics in violation of Health and Safety Code section 11500, presents in this in propria persona petition for habeas corpus, the same constitutional question which we resolved in People v. Woody (1964) Cal., 40 Cal.Rptr. 69, 394 P.2d 813.
On May 18, 1962, Palm Springs police officers, acting upon information received from an informant that peyote was being used at the home of one Gerald Kelly, 'staked out' the Kelly residence. Between May 18th and 24th the officers noticed a number of cars and substantial activity around the house, which was located in an isolated area. On three occasions the officers observed someone go to a spot seventy feet from the house and dig in the sand. At this spot the officers later found a sack containing a substantial quantity of peyote buttons. Continuing the stakeout, the police saw several persons, including petitioner, enter and leave the house.
After procuring a search warrant on May 24th, the police approached the house, showed the warrant to Kelly, and searched the premises, finding, inter alia, a number of gelatin capsules containing peyote.
The officers arrested petitioner, Kelly and his wife, Andrew Fremont, Samuel Komia, and John McGraw. They also found a sixteen-year-old girl sleeping in one of the bedrooms. They turned the girl over to the juvenile authorities. All those arrested admitted using peyote. Petitioner pleaded guilty to illegal possession of narcotics; the others pleaded not guilty. All were convicted.
Petitioner, a self-styled 'peyote preacher' and 'way shower,' acted as the spiritual leader of a group of individuals consisting of the codefendants and himself. This group lived together in the Kellys' home. Although petitioner did not share in the living expenses of the group, he selected their food, taught them deepbreathing exercises, how to pray, 'and in general how to love the Christian Life.' Petitioner provided and prepared the peyote for the group.
Petitioner contends that his use of peyote was for religious purposes. He states that peyote 'is a...
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