People v. Powell

• Decision Date: 31 August 1965
• Docket Number: Cr. 10593
• Citation: 46 Cal.Rptr. 415,236 Cal.App.2d 881
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Roosevelt Delano POWELL, Defendant and Appellant.

Page 415

46 Cal.Rptr. 415

236 Cal.App.2d 881

The PEOPLE, Plaintiff and Respondent, v. Roosevelt Delano POWELL, Defendant and Appellant.

Cr. 10593.

District Court of Appeal, Second District, Division 4, California.

Aug. 31, 1965.

George L. Vaughn, Jr., Los Angeles, for defendant and appellant.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., David S. Sperber, Deputy Atty. Gen., for plaintiff and respondent.

JEFFERSON, Justice.

In a trial by the court, appellant Powell and two co-defendants, Rogers and Brown, were convicted of possession of marijuana in violation of section 11530 of the Health & Safety Code.

On July 25, 1964, at about 7:00 a. m., Officer Searcy was driving on Adams Boulevard in Los Angeles when he noticed some people and a car parked next to a building in the vicinity of a pastrami stand located on Adams at Normandie Avenue. As the officer drove closer he observed that they were looking in his direction. Defendants Brown and Rogers were standing next to the passenger side of the car. The officer observed appellant Powell seated on the front seat on the passenger side of the vehicle. When the officer was about 15 feet away from them, Brown and Rogers appeared to pass something between themselves and Brown put his hand, which was cupped, behind his back. As the officer started to get out of his vehicle, he saw Brown make a motion with his arm toward the open window of the car in which appellant Powell was sitting. Searcy then saw a brown paper wrapped cigarette strike the door of the car and fall to the ground at the feet of Brown and Rogers. Keeping this object in sight, he went over and retrieved it. It appeared to be a marijuana cigarette. He ordered Powell out of the car. When the latter got out, the officer saw a package of Kent cigarettes lying on the front seat about five inches from where Powell had been sitting. He picked up the cigarette package and observed that inside, among a number of white filter cigarettes, was another brown paper wrapped cigarette which also appeared to be marijuana. Defendants were then taken into custody.

It was stipulated that a forensic chemist was called and testified that in his opinion the two cigarettes contained marijuana.

In his testimony defendant denied that he was in possession of marijuana. He testified that he does not smoke Kent cigarettes; the first time he saw the package of Kent cigarettes was after he was placed in the police car; Officer Searcy got them out of the sun visor of the car on the driver's side; there...