People v. Vasquez, Cr. 997

CourtCalifornia Court of Appeals
Writing for the CourtMUSSELL; GRIFFIN, Acting P. J., and SHELL
Citation135 Cal.App.2d 446,287 P.2d 385
PartiesThe PEOPLE of the State of California, Plaintiff and Respondent, v. Arthur Almanza VASQUEZ, Defendant and Appellant.
Decision Date16 September 1955
Docket NumberCr. 997

Page 385

287 P.2d 385
135 Cal.App.2d 446
The PEOPLE of the State of California, Plaintiff and Respondent,
v.
Arthur Almanza VASQUEZ, Defendant and Appellant.
Cr. 997.
District Court of Appeal, Fourth District, California.
Sept. 16, 1955.

[135 Cal.App.2d 447] Robert B. Webb, Santa Ana, for appellant.

Edmund G. Brown, Atty. Gen., and James D. Loebl, Deputy Atty. Gen., for respondent.

MUSSELL, Justice.

Defendant was charged in count one of an information with violation of section 11500 of the Health and Safety Code in that he did wilfully, unlawfully and feloniously transport a certain quantity of marijuana. In the second count of the information he was charged with the unlawful and felonious possession of the same quantity of marijuana. A jury trial resulted in a verdict finding the defendant guilty as charged in count one of the information and not guilty as charged in count two. His motion for a new trial and application for probation were denied and he was sentenced to be confined in the county jail for a period of thirty days. He appeals from the judgment of conviction and the order denying his motion for a new trial. Appellant's sole contention in the trial court and here is that the evidence is insufficient to sustain the verdict and judgment.

On July 8, 1954, at approximately 9:40 p. m., Edward B. Banks, a police officer, observed a 1941 Buick automobile parked on

Page 386

Grand Avenue, near First Street, in Santa Ana. He observed one man sitting in the Buick and another walking away from it. The officer searched the man who was walkaway (Jose Solano) and found two homemade cigarettes wrapped in brown paper in his shirt pocket. The cigrettes contained a brown-greenish leafy substance. The officer then searched the defendant, who was seated in the Buick on the passenger side. Defendant and Solano were placed under arrest. The Buick was towed to a garage and the officers then took defendant and Solano to the Santa Ana police station. After talking with Solano, Banks and a fellow officer took Solano to the county jail and then proceeded to the garage where the Buick had been stored. The two officers searched the Buick and found a package wrapped in brown paper in the sliding ash tray of the car. This package was approximately one and one-half inches long and one-half inch in circumference and contained marijuana. The officers then returned to the Santa Ana police station and questioned defendant Vasquez. At that time he denied any...

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3 practice notes
  • People v. Rogers, Cr. 14756
    • United States
    • United States State Supreme Court (California)
    • June 22, 1971
    ...though they are in the exclusive possession of another. (People v. Valerio, 13 Cal.App.3d 912, 921, 92 Cal.Rptr. 82; People v. Vasquez, 135 Cal.App.2d 446, 448, 287 P.2d 385; People v. Watkins, 96 Cal.App.2d 74, 76, 214 P.2d 414; Page 604 [486 P.2d 132] see 2 Witkin, Cal.Crimes (1963) p. 64......
  • People v. Valerio, Cr. 4159
    • United States
    • California Court of Appeals
    • December 29, 1970
    ...marijuana is unfounded. Proof of possession by the defendant is not essential to a conviction of transportation. (People v. Vasquez, 135 Cal.App.2d 446, 448, 287 P.2d 385; see also 2 Witkin, Cal.Crimes (1963) p. 644, § 707.) Where it is shown that the defendant was transporting another pers......
  • People v. Lovan, G039458 (Cal. App. 11/26/2008), G039458.
    • United States
    • California Court of Appeals
    • November 26, 2008
    ...so would substitute speculation for competent proof. The Attorney General argues this case is "analogous" to People v. Vasquez (1955) 135 Cal.App.2d 446. But, in People v. Vasquez, the record contained evidence the defendant continued to drive his car after his passenger showed him a packag......
3 cases
  • People v. Rogers, Cr. 14756
    • United States
    • United States State Supreme Court (California)
    • June 22, 1971
    ...though they are in the exclusive possession of another. (People v. Valerio, 13 Cal.App.3d 912, 921, 92 Cal.Rptr. 82; People v. Vasquez, 135 Cal.App.2d 446, 448, 287 P.2d 385; People v. Watkins, 96 Cal.App.2d 74, 76, 214 P.2d 414; Page 604 [486 P.2d 132] see 2 Witkin, Cal.Crimes (1963) p. 64......
  • People v. Valerio, Cr. 4159
    • United States
    • California Court of Appeals
    • December 29, 1970
    ...marijuana is unfounded. Proof of possession by the defendant is not essential to a conviction of transportation. (People v. Vasquez, 135 Cal.App.2d 446, 448, 287 P.2d 385; see also 2 Witkin, Cal.Crimes (1963) p. 644, § 707.) Where it is shown that the defendant was transporting another pers......
  • People v. Lovan, G039458 (Cal. App. 11/26/2008), G039458.
    • United States
    • California Court of Appeals
    • November 26, 2008
    ...so would substitute speculation for competent proof. The Attorney General argues this case is "analogous" to People v. Vasquez (1955) 135 Cal.App.2d 446. But, in People v. Vasquez, the record contained evidence the defendant continued to drive his car after his passenger showed him a packag......

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