People v. Miller, Cr. 3383

CourtCalifornia Court of Appeals
Writing for the CourtDOOLING; KAUFMAN, P. J., and DRAPER
Citation162 Cal.App.2d 96,328 P.2d 506
PartiesThe PEOPLE of the State of California, Plaintiff and Respondent, v. Joseph Marion MILLER, Defendant and Appellant.
Docket NumberCr. 3383
Decision Date14 July 1958

Page 506

328 P.2d 506
162 Cal.App.2d 96
The PEOPLE of the State of California, Plaintiff and Respondent,
v.
Joseph Marion MILLER, Defendant and Appellant.
Cr. 3383.
District Court of Appeal, First District, Division 2, California.
July 14, 1958.

[162 Cal.App.2d 97] E. R. Williams, Stockton, for appellant.

Edmund G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Victor Griffith, Deputy Atty. Gen., for respondent.

DOOLING, Justice.

Appellant was convicted by a jury of three narcotics offenses, possession of marijuana, transportation of marijuana, and furnishing marijuana to a minor. The several offenses were alleged to have occurred on or about October 30, 1956.

The minor, a girl of fifteen, was cooperating with the police. On October 30, 1956, she was in an automobile with appellant and one Spencer, who was made a co-defendant in this case. They drove her to a doctor's office where she met the officers.

Page 507

She testified that appellant while in the automobile smoked a marijuana cigarette and threw the butt to the ground. Later an officer found the butt of a marijuana cigarette where the car had been parked. This is the basis of the conviction of transportation.

That same evening appellant, Spencer and the minor were in appellant's apartment. The minor testified that while there she smoked a part of a marijuana cigarette. In answer to the question who lit this cigarette the minor testified:

'I am pretty sure it was Joe [the appellant] but I'm not positive,' and she further testified that it was handed around from one to the other without any special order. This was the only evidence to support the verdict of furnishing marijuana to a minor.

Later the officers arrived with a warrant. When they arrived at the apartment no marijuana was being smoked. They [162 Cal.App.2d 98] found in the apartment a can containing 'traces' of marijuana and some cigarette butts, described by the chemist as 'pieces of cigarette paper in there that were burned on one end, which resembled roaches.' A roach is the butt of a smoked cigarette. These showed traces of marijuana. Some seeds of marijuana were found in the dirt in a vacuum cleaner and in an ash tray. This is the basis of the possession conviction.

The evidence was legally sufficient to support all three convictions. One who carries a narcotic on his person in a moving automobile may be found guilty of transportation. People v. Holliday, 120 Cal.App.2d 562, 564, 261 P.2d 301; People v. Coleman, 100 Cal.App.2d 797, 801, 224 P.2d 837. The uncorroborated testimony of the minor, though weak, is sufficient to support the verdict of 'furnishing,' since the minor is not an accomplice. People v. De Paula, 43 Cal.2d 643, 647, 276 P.2d 600. The traces of marijuana found in appellant's apartment with the other evidence will support the finding of possession. Nor is there any force in appellant's claim that the search of his apartment was illegal. The officers were armed with a...

To continue reading

Request your trial
7 practice notes
  • People v. De Santiago, Cr. 12033
    • United States
    • United States State Supreme Court (California)
    • 24 Abril 1969
    ...(1956) 140 Cal.App.2d 657, 295 P.2d 579; People v. Morris (1958) 157 Cal.App.2d 81, 320 P.2d 67; People v. Miller [71 Cal.2d 26] (1958) 162 Cal.App.2d 96, 328 P.2d 506; People v. Covan [453 P.2d 358] Page 814 (1960) 178 Cal.App.2d 416, 2 Cal.Rptr. 811 (hearing denied); People v. Montano (19......
  • People v. Gauthier, Cr. 7999
    • United States
    • California Court of Appeals
    • 3 Julio 1962
    ...v. Regalado, 193 Cal.App.2d 437, 442, 14 Cal.Rptr. 217; People v. Covan, 178 Cal.App.2d 416, 418, 2 Cal.Rptr. 811; People v. Miller, 162 Cal.App.2d 96, 98, 32, P.2d 506; People v. Shelton, 151 Cal.App.2d 587, 588, 311 P.2d 859; People v. Sayles, 140 Cal.App.2d 657, 661, 295 P.2d 579.) In th......
  • People v. Rogers, Cr. 14756
    • United States
    • United States State Supreme Court (California)
    • 22 Junio 1971
    ...vehicle. (Rideout v. Superior Court, Supra, at p. 474; People v. Burke, 208 Cal.App.2d 149, 162, 24 Cal.Rptr. 912; People v. Miller, 162 Cal.App.2d 96, 98, 328 P.2d 506; People v. Holliday, 120 Cal.App.2d 562, 564, 261 P.2d 301; People v. Coleman, 100 Cal.App.2d 797, 801, 224 P.2d 837.) Pos......
  • Rideout v. Superior Court of Santa Clara County, S.F. 22530
    • United States
    • United States State Supreme Court (California)
    • 10 Octubre 1967
    ...exclusive possession of narcotics in a moving vehicle may be found guilty of unlawful transportation of narcotics. (People v. Miller, 162 Cal.App.2d 96, 98, 328 P.2d 506; People v. Holliday, 120 Cal.App.2d 562, 564, 261 P.2d 301; People v. Coleman, 100 Cal.App.2d 797, 801, 224 P.2d 837.) Kn......
  • Request a trial to view additional results
7 cases
  • People v. De Santiago, Cr. 12033
    • United States
    • United States State Supreme Court (California)
    • 24 Abril 1969
    ...(1956) 140 Cal.App.2d 657, 295 P.2d 579; People v. Morris (1958) 157 Cal.App.2d 81, 320 P.2d 67; People v. Miller [71 Cal.2d 26] (1958) 162 Cal.App.2d 96, 328 P.2d 506; People v. Covan [453 P.2d 358] Page 814 (1960) 178 Cal.App.2d 416, 2 Cal.Rptr. 811 (hearing denied); People v. Montano (19......
  • People v. Gauthier, Cr. 7999
    • United States
    • California Court of Appeals
    • 3 Julio 1962
    ...v. Regalado, 193 Cal.App.2d 437, 442, 14 Cal.Rptr. 217; People v. Covan, 178 Cal.App.2d 416, 418, 2 Cal.Rptr. 811; People v. Miller, 162 Cal.App.2d 96, 98, 32, P.2d 506; People v. Shelton, 151 Cal.App.2d 587, 588, 311 P.2d 859; People v. Sayles, 140 Cal.App.2d 657, 661, 295 P.2d 579.) In th......
  • People v. Rogers, Cr. 14756
    • United States
    • United States State Supreme Court (California)
    • 22 Junio 1971
    ...vehicle. (Rideout v. Superior Court, Supra, at p. 474; People v. Burke, 208 Cal.App.2d 149, 162, 24 Cal.Rptr. 912; People v. Miller, 162 Cal.App.2d 96, 98, 328 P.2d 506; People v. Holliday, 120 Cal.App.2d 562, 564, 261 P.2d 301; People v. Coleman, 100 Cal.App.2d 797, 801, 224 P.2d 837.) Pos......
  • Rideout v. Superior Court of Santa Clara County, S.F. 22530
    • United States
    • United States State Supreme Court (California)
    • 10 Octubre 1967
    ...exclusive possession of narcotics in a moving vehicle may be found guilty of unlawful transportation of narcotics. (People v. Miller, 162 Cal.App.2d 96, 98, 328 P.2d 506; People v. Holliday, 120 Cal.App.2d 562, 564, 261 P.2d 301; People v. Coleman, 100 Cal.App.2d 797, 801, 224 P.2d 837.) Kn......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT