People v. De Paula

Defendant, who admitted two prior felony convictions, was found guilty by a jury on the charge of using a minor for the purpose of transporting heroin in violation of section 11714 of the Health and Safety Code. He appeals from the judgment and the order denying his motion for a new trial. As grounds for reversal, he argues these points: (1) failure of the court to instruct on the law pertaining to the testimony of an accomplice and the necessity for corroboration thereof; (2) insufficiency of the evidence to sustain the conviction; and (3) inconsistency of the jury verdicts. We have concluded that there is no merit in defendant’s contentions, and that the judgment should be affirmed.

On June 6, 1953, at approximately 10 p. m., in the city of Los Angeles, defendant, his codefendant White, and a minor girl, Madonna Tracy, were arrested. The minor girl had in her hand a portion of a gum wrapper, in which were two paper bindles containing a light brown substance, which was later found to be heroin. Defendant had known the girl for some time. That evening he had met her with his ear as she came out of a beauty parlor, told her that White was waiting for them on the corner, and that…