People v. White, Cr. 13110

CourtUnited States State Supreme Court (California)
Writing for the CourtBURKE; TRAYNOR; MOSK
Citation450 P.2d 600,71 Cal.2d 80,75 Cal.Rptr. 208
Parties, 450 P.2d 600 The PEOPLE, Plaintiff and Respondent, v. Morris Lee WHITE, Defendant and Appellant.
Decision Date06 May 1969
Docket NumberCr. 13110

Page 208

75 Cal.Rptr. 208
71 Cal.2d 80, 450 P.2d 600
The PEOPLE, Plaintiff and Respondent,
v.
Morris Lee WHITE, Defendant and Appellant.
Cr. 13110.
Supreme Court of California, in Bank.
May 6, 1969.

Page 209

[450 P.2d 601] [71 Cal.2d 81] Donald F. Roeschke, Tarzana, under appointment by the Supreme Court, for defendant and appellant.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Philip C. Griffin, Michael L. Abrams and Frederick R. Millar, Jr., Deputy Attys. Gen., for plaintiff and respondent.

BURKE, Justice.

Morris Lee White was found guilty of possession of marijuana (Health & Saf.Code, § 11530). Probation was denied, and he was sentenced to imprisonment in the state prison for the term prescribed by law. He appeals from the judgment contending that the evidence is insufficient to support his conviction and that, if the conviction is sustained, the case should be remanded to the trial court with directions to reconsider the sentence in view of a recent amendment to [71 Cal.2d 82] section 11530, which permits the trial court in certain cases to impose a county jail term. 1 We have concluded that only the latter contention has merit.

On March 4, 1966, law enforcement officers pursuant to a search warrant, conducted a search of a two-bedroom house in Los Angeles that was rented by defendant. The officers found in 'the bedroom area on the dresser' two marijuana roaches and four marijuana cigarettes. 2 In the dresser drawer they discovered documents bearing defendant's name, and in the room containing the dresser there was a double bed and a woman's clothing. Defendant stated that he and his girl friend occupied one of the bedrooms and that her brother occupied the other. Defendant arrived at the residence shortly before the search and was the only person in the house other than the officers at the time of the search.

Defendant took the stand in his own behalf and denied any knowledge of the marijuana. He and a friend testified that they went to Las Vegas on March 1 or 2 and returned to Los Angeles on March 4. Defendant further testified that upon their return he went to his residence a couple of hours or so before the search, went into his bedroom and unpacked, and then went out again. Another friend testified that there was a party at defendant's residence on March 3.

Page 210

[450 P.2d 602] When the sufficiency of evidence is challenged an appellate court must, of course, affirm the judgment if the record contains substantial evidence of all elements of the crime. (People v. Groom, 60 Cal.2d 694, 696--697, 36 Cal.Rptr. 327, 388 P.2d 359.) The elements of the crime of possession of narcotics of physical or constructive possession thereof coupled with knowledge of the presence of the drug and its narcotic character (People v. Groom, Supra; People v. Redrick, 55 Cal.2d 282,...

To continue reading

Request your trial
96 practice notes
  • People v. Francis, Cr. 12971
    • United States
    • United States State Supreme Court (California)
    • May 6, 1969
    ...defendant was sentenced, the trial judge had the option of sending him to state prison for one to ten years or placing him on Page 208 [450 P.2d 600] probation with appropriate conditions, including up to a year in the county Given the alternatives of imposing a state prison sentence or pro......
  • People v. Nudd, Cr. 17295
    • United States
    • United States State Supreme Court (California)
    • July 31, 1974
    ...5 Finally, contrary to defendant's contention, the other evidence was sufficient to support the convictions. (See People v. White (1969) 71 Cal.2d 80, 82, 75 Cal.Rptr. 208, 450 P.2d 600; People v. Groom (1964) 60 Cal.2d 694, 696, 36 Cal.Rptr. 327, 388 P.2d 359; People v. Redrick (1961) 55 C......
  • People v. Kanos, Cr. 17441
    • United States
    • California Court of Appeals
    • January 25, 1971
    ...dominion and control of the accused and another. (People v. Francis, 71 Cal.2d 66, 71, 75 Cal.Rptr. 199, 450 P.2d 591; People v. White, 71 Cal.2d 80, 82--83, 75 Cal.Rptr. 208, 450 P.2d Here, there was evidence from which the trier of fact reasonably could have inferred that the jacket hangi......
  • Watt v. State, No. 2-1178A382
    • United States
    • Indiana Court of Appeals of Indiana
    • November 3, 1980
    ...Thurman v. State (1974), Ind.App., 319 N.E.2d 151, close proximity of the contraband to items owned by Martin, see People v. White (1969), 71 Cal.2d 80, 75 Cal.Rptr. 208, 450 P.2d 600, or if the contraband was in plain view, Mills v. State (1975), Ind.App., 325 N.E.2d 472, a conviction migh......
  • Request a trial to view additional results
96 cases
  • People v. Francis, Cr. 12971
    • United States
    • United States State Supreme Court (California)
    • May 6, 1969
    ...defendant was sentenced, the trial judge had the option of sending him to state prison for one to ten years or placing him on Page 208 [450 P.2d 600] probation with appropriate conditions, including up to a year in the county Given the alternatives of imposing a state prison sentence or pro......
  • People v. Nudd, Cr. 17295
    • United States
    • United States State Supreme Court (California)
    • July 31, 1974
    ...5 Finally, contrary to defendant's contention, the other evidence was sufficient to support the convictions. (See People v. White (1969) 71 Cal.2d 80, 82, 75 Cal.Rptr. 208, 450 P.2d 600; People v. Groom (1964) 60 Cal.2d 694, 696, 36 Cal.Rptr. 327, 388 P.2d 359; People v. Redrick (1961) 55 C......
  • People v. Kanos, Cr. 17441
    • United States
    • California Court of Appeals
    • January 25, 1971
    ...dominion and control of the accused and another. (People v. Francis, 71 Cal.2d 66, 71, 75 Cal.Rptr. 199, 450 P.2d 591; People v. White, 71 Cal.2d 80, 82--83, 75 Cal.Rptr. 208, 450 P.2d Here, there was evidence from which the trier of fact reasonably could have inferred that the jacket hangi......
  • Watt v. State, No. 2-1178A382
    • United States
    • Indiana Court of Appeals of Indiana
    • November 3, 1980
    ...Thurman v. State (1974), Ind.App., 319 N.E.2d 151, close proximity of the contraband to items owned by Martin, see People v. White (1969), 71 Cal.2d 80, 75 Cal.Rptr. 208, 450 P.2d 600, or if the contraband was in plain view, Mills v. State (1975), Ind.App., 325 N.E.2d 472, a conviction migh......
  • 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