Luke

People v. Luke

Good Law
1965 Cal. App. LEXIS 1419·233 Cal. App. 2d 793·43 Cal. Rptr. 878
Court of Appeal of CaliforniaApril 23, 1965Crim. 9954California1,540 words

Opinion

Opinion

Roth, J.

Appellant was convicted of possession of narcotics after a nonjury trial, a violation of Health and Safety Code, section 11530. One of two alleged prior felonies also was found to be true.

On November 1, 1963, Officer Poor, during the course of a narcotics investigation, was standing on or near the corner of 60th and Avalon Streets in the City of Los Angeles, a high frequency narcotics area. He observed appellant on four separate occasions first talk to a third person and immediately thereafter walk to an abandoned car parked on a vacant lot adjoining a service station. On each of these four occasions when appellant reached the rear of the abandoned car, he stooped down and picked up what the officer believed to be a package or bindle which he then delivered to the person the officer had seen him talking with. The contents of these packages were never determined. After the four exchanges had been completed, appellant went into a nearby bar. Officer Poor went to the bar and motioned appellant to come out. When appellant came out, Poor asked him what he had in his pocket. Appellant removed his closed hand from his pocket. His fist contained a number of bindles which had been broken…

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