People v. Showers, Cr. 11945

CourtUnited States State Supreme Court (California)
Writing for the CourtPETERS; TRAYNOR
Citation68 Cal.Rptr. 459,68 Cal.2d 639,440 P.2d 939
Parties, 440 P.2d 939 The PEOPLE, Plaintiff and Respondent, v. James Hugh SHOWERS, Defendant and Appellant.
Docket NumberCr. 11945
Decision Date27 May 1968

Page 459

68 Cal.Rptr. 459
68 Cal.2d 639, 440 P.2d 939
The PEOPLE, Plaintiff and Respondent,
v.
James Hugh SHOWERS, Defendant and Appellant.
Cr. 11945.
Supreme Court of California,
In Bank.
May 27, 1968.

Page 460

[440 P.2d 940] [68 Cal.2d 640] Paul A. Jacobs, Los Angeles, under appointment by the Supreme Court, for defendant and appellant.

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

PETERS, Justice.

On April 15, 1966, after a trial without a jury, defendant was convicted of violating Health and Safety Code, section 11500, possession of heroin. He has appealed from the resulting judgment.

Defendant filed notice of appeal on April 15, 1966. It subsequently appeared that the court reporter's notes were unavailable and a transcript of the proceedings could not be [68 Cal.2d 641] prepared. A hearing was held on October 21, 1966, in which the reporter testified that her notes were inadvertently destroyed.

On April 13, 1967, the Attorney General moved the Court of Appeal pursuant to 'rule 36(b)' of the Rules of Court to remand the case to the superior court for the preparation of a settled statement in

Page 461

[440 P.2d 941] lieu of a reporter's transcript. Over defendant's objection the motion was granted.

The settled statement reads as follows:

'Mary C. Brown was called as a witness for the People and she testified that she resides at 11540 Balboa Street, Granada Hills, County of Los Angeles, and that on January 3, 1966, she saw the appellant James Hugh Showers and codefendant Don Leon Showers, and a third person in a car in front of her premises. They had been stopped by the police, and as they alighted from the car, she noticed that the third person (later identified as one Larry Oliver) started to shake his clothes as if he were dropping something. Mrs. Brown did not continually observe appellant or codefendant Don Leon Showers and could not say whether they dropped or threw anything during this period of time. There is a patch of ivy in the parkway in front of her house which measures approximately 60 feet by 4 feet and is approximately 8 inches thick. After the people left, she noticed that the appellant returned that same evening and started to search through the ivy. He was accompanied by an unknown female at that time. The following day, at about 11:00 a.m., Mrs. Brown saw the appellant return to the area and hunt through the ivy for 15 minutes. About 1:00 p.m., the same day, the appellant, the codefendant Don Leon Showers, and a third male appeared in front of the premises and searched through the ivy for about 15 minutes. At this time the police were called.

'Officer Gaida of the Los Angeles Police Department testified that he observed the appellant and the codefendant Don Leon Showers in a car, together with one Larry Oliver, in the vicinity of the residence of Mrs. Brown on January 3, 1966. The automobile was stopped because this was a high frequency daytime burglary glary area and the officer had observed the automobile cruising through an alley back and forth very slowly. Investigation revealed that codefendant Don Leon Showers was wanted on a traffic warrant and he was placed under arrest and taken to the police station. The appellant [68 Cal.2d 642] and Larry Oliver were released at the scene. This was the incident which Mrs. Brown observed when she first saw the appellant and the codefendant in front of her house.

'On January 4, 1966, at about 1:15 p.m., Officer Gaida received a call to proceed to the Balboa residence of Mrs. Brown. He saw the appellant and codefendant Don Leon Showers and a third person (later identified as Leopoldo Diaz) searching through the ivy. The officer started searching in the area together with Officer Prieto. Within a minute or two Officer Prieto found a blue balloon containing a powdry substance resembling heroin. The balloon was found within two feet from the location where the appellant had been searching. The appellant and the codefendant Don Leon Showers were placed under arrest and taken to the police station.

'On cross-examination, Officer Gaida agreed that there was an automobile parked adjacent to the ivy and accepted the location of the automobile as it was positioned in a not-to-scale diagram of the scene. He also agreed that the appellant was by the automobile at the time he was observed to be searching the ivy by the officer. It was stipulated that the chemist testified that the item within the balloon contained heroin.

'The appellant testified that when he was stopped on January 3, 1966, in front of Mrs. Brown's house, the police officers searched the automobile and their persons and no contraband was found. He said that as they were leaving the scene, he was told by Larry Oliver, that he, Larry Oliver,...

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103 practice notes
  • People v. Jurado, Cr. 3936
    • United States
    • California Court of Appeals
    • January 9, 1981
    ...of guilt. (See People v. Green, supra, 27 Cal.3d at p. 41, 164 Cal.Rptr. 1, 609 P.2d 468; People v. Showers (1968) [115 Cal.App.3d 496] 68 Cal.2d 639, 643, 68 Cal.Rptr. 459, 440 P.2d 939.) Since the court in Green condoned the reading of CALJIC No. 2.03 in a case involving false statements,......
  • People v. Francis, Cr. 12971
    • United States
    • United States State Supreme Court (California)
    • May 6, 1969
    ...Finnigan. 3 'The accused has constructive possession when he maintains control or a right to control the contraband.' (People v. Showers, 68 Cal.2d 639, 643--644, 68 Cal.Rptr. 459, 462, 440 P.2d 939, 942.) 'Possession may be imputed when the contraband is found in a location which is immedi......
  • People v. Nudd, Cr. 5787
    • United States
    • California Court of Appeals
    • August 21, 1973
    ...disregarding all defendant's extra-judicial statements, was sufficient to support the jury's verdict. Nothing in People v. Showers (1968) 68 Cal.2d 639, 68 Cal.Rptr. 459, 440 P.2d 939 (constructive possession of contraband) or People v. Leal (1966) 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d ......
  • People v. Perry, Cr. 5517
    • United States
    • California Court of Appeals
    • March 26, 1969
    ...character.' (People v. Redrick (1961) 55 Cal.2d 282, 285, 10 Cal.Rptr. 823, 825, 359 P.2d 255, 257. See also People v. Showers (1968) 68 Cal.2d 639, 642--643, 68 Cal.Rptr. 459, 440 P.2d 939; People v. Winston (1956) 46 Cal.2d 151, 158--161, 293 P.2d 40; People v. Gorg (1955) 45 Cal.2d 776, ......
  • Request a trial to view additional results
104 cases
  • People v. Jurado, Cr. 3936
    • United States
    • California Court of Appeals
    • January 9, 1981
    ...of guilt. (See People v. Green, supra, 27 Cal.3d at p. 41, 164 Cal.Rptr. 1, 609 P.2d 468; People v. Showers (1968) [115 Cal.App.3d 496] 68 Cal.2d 639, 643, 68 Cal.Rptr. 459, 440 P.2d 939.) Since the court in Green condoned the reading of CALJIC No. 2.03 in a case involving false statements,......
  • People v. Francis, Cr. 12971
    • United States
    • United States State Supreme Court (California)
    • May 6, 1969
    ...Finnigan. 3 'The accused has constructive possession when he maintains control or a right to control the contraband.' (People v. Showers, 68 Cal.2d 639, 643--644, 68 Cal.Rptr. 459, 462, 440 P.2d 939, 942.) 'Possession may be imputed when the contraband is found in a location which is immedi......
  • People v. Nudd, Cr. 5787
    • United States
    • California Court of Appeals
    • August 21, 1973
    ...disregarding all defendant's extra-judicial statements, was sufficient to support the jury's verdict. Nothing in People v. Showers (1968) 68 Cal.2d 639, 68 Cal.Rptr. 459, 440 P.2d 939 (constructive possession of contraband) or People v. Leal (1966) 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d ......
  • People v. Perry, Cr. 5517
    • United States
    • California Court of Appeals
    • March 26, 1969
    ...character.' (People v. Redrick (1961) 55 Cal.2d 282, 285, 10 Cal.Rptr. 823, 825, 359 P.2d 255, 257. See also People v. Showers (1968) 68 Cal.2d 639, 642--643, 68 Cal.Rptr. 459, 440 P.2d 939; People v. Winston (1956) 46 Cal.2d 151, 158--161, 293 P.2d 40; People v. Gorg (1955) 45 Cal.2d 776, ......
  • Request a trial to view additional results

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