People v. Murphy

James William Murphy appeals the judgment of conviction after a jury trial for possession of heroin for sale. (Health & Saf. Code, § 11351.)

Facts

On the afternoon of 4 April 1973 police narcotics officers executed a warrant to search Murphy’s house on Aztec Street in Sylmar for narcotics and narcotics paraphernalia. On their first search of the house the officers discovered several packages of balloons in Murphy’s bedroom closet and a container of lactose in a bathroom. As the officers prepared to search the house again, Murphy said, “It’s not in the house.” On a search of the garage, the officers found two plastic bags and two balloons; together totaling 30 grams of heroin powder, concealed behind the transmission cover of a motorcycle for which Murphy had the registration slip in his wallet. When confronted with the contraband, Murphy said he was using but not selling it. In the opinion of two experienced narcotics officers, the amount of heroin and of packaging paraphernalia showed the heroin was possessed for purposes of sale.

Issues

1. Prior Adjudication. Based on the same charge of possession of heroin for sale, the prosecution filed a complaint against Murphy…