People v. Watkins, Cr. 2633

CourtCalifornia Court of Appeals
Writing for the CourtPER CURIAM; PETERS, P. J., and BRAY
Citation214 P.2d 414,96 Cal.App.2d 74
PartiesPEOPLE v. WATKINS.
Docket NumberCr. 2633
Decision Date15 February 1950

Page 414

214 P.2d 414
96 Cal.App.2d 74
PEOPLE

v.
WATKINS.
Cr. 2633.
District Court of Appeal, First District, Division 1, California.
Feb. 15, 1950.

Page 415

[96 Cal.App.2d 75] J. Maxwell Peyser, San Francisco, for appellant.

Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, Edmund G. Brown, District Attorney of City and County of San Francisco, Francis Mayer, Assistant District Attorney, San Francisco, for respondent.

PER CURIAM.

Defendant Charles E. Watkins was charged jointly with Troy Carson with a violation of section 11500 of the Health and Safety Code, Deering's Health & Safety Code, 1949 Supp., alleged to have been committed by the transporting of marihuana. Carson entered a plea of guilty and was sentenced to imprisonment in the county jail for one year. Watkins was tried without a jury, convicted and also sentenced to one year imprisonment in the county jail.

On this appeal defendant attacks the sufficiency of the evidence to support the judgment. Two other points--(a) that the burden of proof as to the defendant's guilt was upons the People and (b) that a motion for a dismissal made at the close of the prosecution's case should have been granted, based solely upon the sufficiency of the evidence,--may be considered under the first point presented.

Two plain clothes officers, Casciani and Duveneck, of the San Francisco Police Department were driving a car, not marked as a police car, eastward on Folsom Street in San Francisco about 12:30 a.m. on April 22, 1949, when a tan Lincoln sedan driven by defendant Watkins passed, traveling in the same direction. In passing, the passenger in the sedan, Troy Carson, was observed looking into the police automobile. Watkins made a right turn at the next intersection into Ninth Street and picked up speed. The police car followed and as the car driven by Watkins continued to increase its speed the police officers turned on the red light and siren. Carson was observed leaning toward Watkins, the motor 'raced considerably,' Watkins leaned toward Carson, the Carson 'went back against the door' and an object was thrown from the right window of the automobile. The automobile stopped at the next corner, Ninth and Harrison Streets. Watkins and Carson got out of the car in which they had been riding and on being questioned by the officers denied that anything had been thrown from the automobile. One of the officers walked back and picked up a paper bag which, as stipulated during the trial, contained marihuana. A stranger, Charles Johnson approached the group and talked to Casciani, out of earshot of...

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14 practice notes
  • People v. Von Latta, Cr. 2682
    • United States
    • California Court of Appeals
    • 26 January 1968
    ...element to that specific offense any more than to an 'offer to transport' or an 'attempt to transport' a narcotic.' (People v. Watkins, 96 Cal.App.2d 74, 76, 214 P.2d 414, 3 See People v. Wasley, 245 Cal.App.2d 383, 53 Cal.Rptr. 877, for suggestion that 'possession' is not an act, although ......
  • People v. Dewson, Cr. 3329
    • United States
    • California Court of Appeals
    • 15 April 1957
    ...flight from the officers in the instant case is sufficient evidence to support the charge of transportation. People v. Watkins, 96 Cal.App.2d 74, 214 P.2d As to count three for the assault by means of force likely to produce great bodily harm, the defendant maintains that as he was only dri......
  • People v. Rogers, Cr. 14756
    • United States
    • United States State Supreme Court (California)
    • 22 June 1971
    ...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. 644; but see People v. Solo, Supra, 8 Cal.App.3d 201, 206, 86 Cal.......
  • Rideout v. Superior Court of Santa Clara County, S.F. 22530
    • United States
    • United States State Supreme Court (California)
    • 10 October 1967
    ...v. Tostado, 217 Cal.App.2d 713, 719--720, 32 Cal.Rptr. 178; People v. Sanders, 163 Cal.App.2d 132, 135, 328 P.2d 825; People v. Watkins, 96 Cal.App.2d 74, 77, 214 P.2d 44; see 2 Witkin, Cal.Crimes, pp. 632--637, 642--644.) Such knowledge may be shown by circumstantial evidence. (People v. G......
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14 cases
  • People v. Von Latta, Cr. 2682
    • United States
    • California Court of Appeals
    • 26 January 1968
    ...element to that specific offense any more than to an 'offer to transport' or an 'attempt to transport' a narcotic.' (People v. Watkins, 96 Cal.App.2d 74, 76, 214 P.2d 414, 3 See People v. Wasley, 245 Cal.App.2d 383, 53 Cal.Rptr. 877, for suggestion that 'possession' is not an act, although ......
  • People v. Dewson, Cr. 3329
    • United States
    • California Court of Appeals
    • 15 April 1957
    ...flight from the officers in the instant case is sufficient evidence to support the charge of transportation. People v. Watkins, 96 Cal.App.2d 74, 214 P.2d As to count three for the assault by means of force likely to produce great bodily harm, the defendant maintains that as he was only dri......
  • People v. Rogers, Cr. 14756
    • United States
    • United States State Supreme Court (California)
    • 22 June 1971
    ...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. 644; but see People v. Solo, Supra, 8 Cal.App.3d 201, 206, 86 Cal.......
  • Rideout v. Superior Court of Santa Clara County, S.F. 22530
    • United States
    • United States State Supreme Court (California)
    • 10 October 1967
    ...v. Tostado, 217 Cal.App.2d 713, 719--720, 32 Cal.Rptr. 178; People v. Sanders, 163 Cal.App.2d 132, 135, 328 P.2d 825; People v. Watkins, 96 Cal.App.2d 74, 77, 214 P.2d 44; see 2 Witkin, Cal.Crimes, pp. 632--637, 642--644.) Such knowledge may be shown by circumstantial evidence. (People v. G......
  • Request a trial to view additional results

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