People v. Gonzales, Cr. 4940
| Decision Date | 23 March 1953 |
| Docket Number | Cr. 4940 |
| Citation | 254 P.2d 603,116 Cal.App.2d 843 |
| Court | California Court of Appeals Court of Appeals |
| Parties | PEOPLE v. GONZALES et al. |
Ernest Best, Los Angeles, for appellant.
Edmund G. Brown, Atty. Gen., and Michael J. Clemens, Deputy Atty. Gen., for respondent.
Defendant was convicted by a trial judge of two counts of unlawful possession of narcotics--marihuana and heroin. He appeals from a 'sentence' that he be confined in the county jail for one year, time to be served concurrently as to both counts. He also appeals from an order denying his motion for a new trial.
Defendant and his fiancee were arrested while riding in an automobile. Heroin and marihuana were found upon the person of the lady when she was searched at the police station.
She first said the narcotics were hers. Then she said they were defendant's. Defendant said they were his.
On the trial the lady testified that the narcotics were hers, and defendant testified to the same effect. But the judge did not believe them.
Defendant argues that because the narcotics were in the actual possession of his fiancee he could not be guilty of possession, that his admission was secured by promise of immunity by the arresting officers, and that the evidence fails to establish that he knew that the articles were narcotics.
Each argument is without merit.
Possession may be constructive as well as actual. And it is for the trial court to draw the inference. People v. Graves, 84 Cal.App.2d 531, 191 P.2d 32.
The officers denied making any promises to defendant. Their testimony was sufficient to support the finding that no promises were in fact made. In such circumstances this court will not reverse such a finding. People v. Sparks, 82 Cal.App.2d 145, 185 P.2d 652.
And the finding of guilty controls defendant's argument that the proof failed to establish that he knew the heroin and marihuana were narcotics. People v. Gory, 28 Cal.2d 450, 170 P.2d 433.
In each instance the evidence supports the finding of the trial court; and in each instance it is to be remembered, as has so often been said, that the finding of the trial court will not be set aside if the evidence is legally sufficient to uphold it. People v. Newland, 15 Cal.2d 678, 104 P.2d 778.
The order denying motion for new trial is affirmed. The appeal from the sentence is dismissed. Penal Code, § 1237; People v. Tallman, 27 Cal.2d 209, 215, 163 P.2d 857.
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...(People v. White, 50 Cal.2d 428, 431, 325 P.2d 985; People v. Blunt, 241 Cal.App.2d 200, 204, 50 Cal.Rptr. 440; People v. Gonzales, 116 Cal.App.2d 843, 844, 254 P.2d 603; People v. Sinclair, 129 Cal.App. 320, 322, 19 P.2d The record is devoid of evidence that Francis had control or a right ......
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People v. Cahill, Cr. 1358
...and judgment of conviction, and these will not be set aside since the evidence is legally sufficient to uphold them. People v. Gonzales, 116 Cal.App.2d 843, 254 P.2d 603; People v. Newland, Judgment affirmed. GRIFFIN, P. J., and MUSSELL, J., concur. ...
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People v. Roberts
...if constructive possession thereof appears. (People v. White (1958) 50 Cal.2d 428, 431, 325 P.2d 985.) In People v. Gonzales (1953) 116 Cal.App.2d 843, 254 P.2d 603, both the defendant and his fiancee, who were riding together in an automobile, testified that the heroin and marijuana found ......
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People v. White
...e.g., People v. Hancock, 156 Cal.App.2d 305, 319 P.2d 731; People v. Walker, 121 Cal.App.2d 173, 174, 262 P.2d 640; People v. Gonzales, 116 Cal.App.2d 843, 844, 254 P.2d 603; People v. Graves, 84 Cal.App.2d 531, 534-535, 191 P.2d 32, and evidence of physical possession by the defendant's ag......