People v. Woody

Decision Date06 December 1963
Docket NumberCr. 1794
Citation35 Cal.Rptr. 708
CourtCalifornia Court of Appeals Court of Appeals
PartiesThe PEOPLE, Plaintiff and Respondent, v. Jack WOODY et al., Defendants and Appellants.

Rufus W. Johnson, Anaheim, for defendants and appellants.

A. L. Wirin and Fred Okrand, Los Angeles, amici curiae on behalf of defendants and appellants.

Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., and Jack K. Weber, Deputy Atty. Gen., for plaintiff and respondent.

COUGHLIN, Justice.

The defendants, who are Navajo Indians, severally were charged with the unlawful possession of Lophophora, commonly known as Peyote, 1 i. e., a violation of § 11500 of the Health and Safety Code; pleaded not guilty; contended that their possession thereof occurred in the exercise of their religion, as members of the Native American Church of the State of California, and that the statute making such possession unlawful abridged their constitutionally guaranteed right to the free exercise of religion as declared in the First Amendment to the United States Constitution, and in Article 1, Section 4 of the California Constitution; were tried by the court without a jury; were convicted and sentenced to imprisonment in the state prison; were granted probation for two years, which suspended execution of the sentence; and appeal from the judgment of conviction.

Peyote is a product of the plant Lophophora williamsii, a small spineless cactus grown in the Rio Grande Valley in Texas and in northern Mexico; usually is in the form of dried buttons, which are the top of the cactus, and sometimes is ground up; along with its principal constitutent, mescaline, now is categorized as an hallucinogen, because of its hallucinatory effect; and is consumed by chewing the buttons or drinking a tea made therefrom, which extracts the mescaline. The effect of such consumption upon the human system is manifold. Ordinarily it produces two stages; in the first, it acts as a stimulant, causing wakefulness with physical and mental exhilaration; and in the second, as a depressant, causing an intoxication with accompanying visions and hallucinations.

The use of peyote, depending upon the amount consumed, because of its mescaline content, causes vomiting; sweating; tremors; elevation of blood pressure; flushing of the face; partial skin anesthesia; dilation of the pupils of the eyes; increased salivation; mental anxiety; an intoxication productive of hallucinations; hallucinatory symptoms sometimes similar to those produced in people suffering from schizophrenia or dementia praecox, which at times are paranoid in nature; and other hallucinations or visions with changing color, geometric patterns, animals, and human beings. The use of an excessive amount of mescaline results in death by way of respiratory failure due to paralysis. Its lethal dose is comparable in amount to that of other chemical compounds

Peyote also contains Trimethoxyphene-thylamine which, in small doses, has a tendency to relax the muscles; in large doses causes a contraction and spasm of the intestines; and among other things, may result in diarrhea.

A pharamacologist called by the defendants as a witness testified that peyote may be classified as a dangerous drug. By § 11001 of the Health and Safety Code it is classified as a narcotic within the meaning of that term as used in Division 10 of that code, which includes § 11500 thereof prohibiting the possession of narcotics, except upon written prescription. The pharmacologist testified that peyote 'should not be classified as a narcotic,' which he described as a substance that alleviates pain and produces hypnosis or sleep, because it does not produce these effects. It is not habit forming from a physiological standpoint, viz., the body does not require its continued use to forestall painful withdrawal symptoms.

The Native American Church is a religious organization of Indians. There are no prerequisites to membership; no records thereof are kept; includes anyone who may have attended one of its services; and estimates respecting the number of members vary from 30,000 to 250,000. The religion of this church has been referred to as the peyote Religion or Peyotism; has no recorded theology; at the present time, would appear to combine some of the teachings of Christianity, the belief that peyote embodies the Holy Spirit, and the conviction that those who partake thereof enter into contact with the Deity; and includes a sacramental use of peyote in a ceremony referred to as a 'meeting.' Such a meeting is held in an enclosure; takes place from sundown on Saturday to sunrise on Sunday; is open to anyone who may wish to attend; has been attended by other than Indians; is in charge of a person known as a 'leader'; and, although there is no recorded or prescribed ritual, generally involves the saying of prayers, singing, the consumption of peyote in sufficient quantities to produce an hallucinatory state, and the use of symbolic paraphernalia such as a fan, staff, eagle bone whistle, rattle, fire, smoke, and a prayer cigarette. The ceremony is followed by a breakfast. Ordinarily the 'leader' is the person who sponsors the 'meeting'; furnishes the peyote; and bears whatever expense is involved. He is in charge of and conducts the ritual as he wishes.

The Indians who are members of this church ritualistically partake of peyote as a sacrament; as an act of devotion for favors received; to gain supernatural assistance; to enable them to enter into contact with the Deity; and under the belief that the mystic experience obtained thereby gives them meaning and guidance in their daily lives.

The Indians also use peyote non-ritualistically as a cure for illness or disease, regardless of its kind or cause. They have referred to it as a 'health restorer.' This belief stems from their concept that it is supernatural in essence and effect. However, it possess no medicinal curative power.

At about 4:00 a. m. on Saturday, April 28, 1962, the defendants Woody, Anderson and Nez, together with other Indians, were participating in a peyote ritual; 2 were meeting in a hogan made of railroad ties; had consumed peyote during the night; to members of the sheriff's force observing them through cracks between the railroad ties, seemed to be in a stupor; and became the subjects of an investigation as suspected possessors of peyote. Upon interrogation, the officers learned from the defendant Woody that he had furnished the peyote used in the instant ceremony; that the defendants Anderson and Nez also were the owners of additional peyote which was located in their respective automobiles parked nearby; that Woody had purchased the peyote from a man in Arizona which he said was very difficult to obtain; and that the other two defendants had obtained the peyote found in their automobiles from him.

Woody sponsored the meeting in question to celebrate the purchase of a new automobile; to solicit Divine protection from accident while driving it; and as an act of thanksgiving for his good fortune.

When the officers entered the hogan they advised its occupants that they were law enforcement officers, and were there because of a report that those attending the meeting were using peyote. Thereupon, one of the men in attendance handed the officers a gold-colored portrait frame encasing what appeared to be a photostatic copy of Articles of Incorporation of the Native American Church of the State of California filed with the Secretary of State. In the paragraph of these articles listing the purposes for which the corporation was formed appears the following:

'That we further pledge ourselves to work for unity with the sacramental use of peyote and its religious use.'

The three defendants were arrested and charged with violating § 11500 of the Health and Safety Code.

At the trial their attorney stated:

'We further stipulate that at the time and place of the arrest that there was a religious ceremony going on and peyote was for use in the religious ceremony;'

to which the district attorney replied:

'I agree to that stipulation. I have no evidence to the contrary and based upon that, I so stipulate.'

As defenses, the defendants urged the unconstitutionality of the statute prohibiting their use of peyote in a religious ceremony, and the lack of any criminal intent. In support of the first defense they introduced the testimony of an anthropologist who testified that he had made a study of the beyote religion, attended peyote ceremonies, and partook of peyote as a participant therein; described the religion, its history, and the significance of peyote as a part thereof; detailed the ritualistic ceremony in question; and related his observations respecting the effect of the use of peyote on the members of the Church and on himself, which would support the conclusion that, as used by them, it was harmless, nonhabit forming, and without residual results. Subsequently, in response to a motion by the prosecution, the testimony aforesaid was stricken upon the ground that it was immaterial. The defendants also offered in evidence dissertations, pamphlets, and other writings respecting the use of peyote as a religious practice, authored by the witness, other anthropologists, or other writers. These were denied admission or were admitted and stricken.

The defense of lack of criminal intent was based on the contention that the articles of incorporation of the Native American Church of the State of California authroized its members to use peyote; that the defendants believed such to be a fact; and that they had no knowledge of its narcotic character.

On appeal the defendants reiterate these defenses, contending that the statute is unconstitutional; that the evidence does not support a finding of criminal intent; and also urge that the trial court erred in striking the testimony of the anthropologist and refusing to...

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