People v. Janisse, Cr. 6117

• Decision Date: 14 July 1958
• Docket Number: Cr. 6117
• Citation: 162 Cal.App.2d 117,328 P.2d 11
• Parties: The PEOPLE of the State of California, Plaintiff and Respondent, v. Louis JANISSE, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

Page 11

328 P.2d 11

162 Cal.App.2d 117

The PEOPLE of the State of California, Plaintiff and Respondent, v. Louis JANISSE, Defendant and Appellant.

Cr. 6117.

District Court of Appeal, Second District, Division 1, California.

July 14, 1958.

Walter L. Gordon, Jr., James L. Garcia, Los Angeles, for appellant.

Edmund G. Brown, Atty. Gen., Lynn Henry Johnson, Deputy Atty. Gen., for respondent.

WHITE, Presiding Justice.

In an information filed by the District Attorney of Los Angeles County, defendant was accused in Count I of a violation of Section 11714 of the Health and Safety Code in that he did on or about April 24, 1957, furnish to Gerald Lyle De Bere, a minor of the age of 16 years, a narcotic, to wit, marijuana. Count II charged defendant with a violation of the foregoing code section, in that on April 24, 1957 he furnished to Michael Stewart Coonce, a minor of the age of 15 years, a narcotic known as marijuana. It was further alleged that defendant had been previously convicted of a violation of Section 11500 of the Health and Safety Code, a felony, in the Superior Court of Los Angeles County, on January 17, 1956. Defendant pleaded not guilty, and denied the prior conviction. When the cause was called for trial, a jury trial was duly waived, and by stipulation the cause was submitted on the transcript of the testimony adduced at the preliminary examination, each side reserving the right to offer additional evidence, which they did. Defendant was adjudged guilty on both counts. No finding was made on the allegation of a prior conviction. Defendant was sentenced to state prison on each count, the sentences to run concurrently. From the judgment of conviction defendant prosecutes this appeal.

The factual background surrounding this prosecution may be summarized as follows:

In April of 1957, the minor Coonce lived at 5018 Seventh Avenue, in the city of Los Angeles. Some twenty workmen were engaged in the installation of a sewer in the immediate vicinity of said minor's home. Defendant was one of these workmen and worked 'right in front' of the minor's home. On Tuesday morning, April 23, 1957, the two minors, accompanied by one Kenny, drove up to the home of Coonce and entered. When they returned to the automobile defendant spoke to them saying 'something about us looking like we came out of the house smoking a joint'. The minor Coonce 'Just laughed' and all three entered the vehicle. The next morning, April 24, the minor De Bere again came to the home of Coonce. The former observed defendant and waved to him. Both minors had a conversation between themselves concerning marijuana. De Bere inquired of Coone, 'I wonder if that fellow out there (referring to defendant) has got any weed?', to which Coonce replied, 'I don't know. Ask him.' Thereupon, both minors went out to where defendant was working in front of the house. Coonce inquired of defendant, 'Do you have a joint?' Defendant answered in the affirmative and handed Coonce a marijuana cigarette. Both boys thanked defendant and Coonce handed him 50 cents. Defendant stated he was hungry and the minors offered to fix him a lunch. Returning to the house Coonce obtained a sandwich which he took to defendant who then returned the 50 cents previously given him.

The cigarette which the boys received was wrapped in brown paper with the ends tucked in. The boys smoked it, inhaling air into the lungs as far as they could, and then holding the smoke as long as they could. The smoking cigarette smelled like burning leaves or bark and made the throat dry. The boys became 'high', and they left the house and walked around. De Bere felt as if he were 'floating'. He felt real 'fast' and after a while he 'slowed down'. Everything was 'pretty'. He looked at people and talked. To Coonce, at first things seemed 'funny', but a little while later he felt 'serious'. After a while both boys felt their sensations of hunger and thirst to be greatly stimulated, there was a marked difference in the pupils of their eyes, and they felt tired and sleepy.

About 2:00 o'clock the minors returned from the walk and they started thinking about getting 'high' again. Coonce went out to defendant and inquired if he 'had any more'. Defendant replied, 'Yes, I will give you some roaches.' He stated that he would put them in a roll and drop them. Coonce came back to the house, informed De Bere, and then went to the front porch to wait to receive the 'roaches'. A 'roach' is a partially smoked marijuana cigarette. Defendant dropped, on the ground, a matchbook containing two partially smoked marijuana cigarettes. This matchbook was recovered by Coonce who returned with it to De Bere inside the house. The latter had observed the transaction by looking out through the mailbox in the door. The two boys smoked the partially smoked marijuana cigarettes and received a similar reaction to the reaction they had received from the marijuana cigarette they had smoked earlier in the day, only they did not get quite as 'high'.

Officer Edwin O. Hall, Los Angeles Police Department, Narcotics Division, listened to the minors relate the events set forth above. It was his opinion that the substance which the boys had received and smoked was a narcotic, marijuana.

Sworn as a witness in his own behalf defendant denied commission of the crimes charged against him. He testified that on April 24, 1957 he was employed as a workman on a storm drain in the area here in question. He testified that while he had seen the minor De Bere prior to April 24, he never had any conversation with him. That he could not recall having seen the minor Coonce prior to the preliminary examination. That on the Monday before his arrest he had shouted at a group of boys who were pushing a car down the street to stop blocking the trucks; that one of the boys made a 'smart' remark, and that Michael Coonce had been among this group. Defendant testified that on the morning of April 24, 1957 he had left work about 10:30 to go to the bank and had not returned until 12:30 in the afternoon; that he had not seen the boys and had no marijuana cigarettes in his possession.

Coleman Davis testified that on April 24, 1957 he was working about 300 feet from defendant; that he had never seen the latter talking to any boy on the street; and that defendant had left between 10 and 11 to go to...