People v. Rogers

Charles B. Byrd and the appellant Rogers were accused by information of possession of heroin in violation of section 11500 of the Health and Safety Code and, in a second count, of possession of marijuana in violation of section 11530 of that code. In a trial by jury, in which both defendants were represented by the public defender, the appellant and his codefendant were found to be guilty as charged. The present appeal is from the judgment.

A summary of the evidence will be given. William H. Kaskey, a police officer of the City of Los Angeles assigned to the narcotics division, testified that on September 20, 1960, at approximately one o’clock in the morning, he participated in the arrest of the appellant Rogers and his codefendant *264 Byrd in a residence located at 1332 Bast 142d Street in the County of Los Angeles. Officer Northrup was with him. The witness knocked on the door and it opened. He saw Byrd inside the house. The officer exhibited his badge to Byrd and stated, “We are police officers." Byrd said that he lived there. The officer then asked if they might enter and Byrd replied, “Yes, it’s all right with me; come on in." The officers entered. Rogers was sitting in a…

With respect to count II, I concur. On count I, I would reverse the judgment on the ground that the evidence was insufficient to show that appellant possessed the heroin which was found in the garage.

Charles B. Byrd and the appellant Rogers were accused by information of possession of heroin in violation of section 11500 of the Health and Safety Code and, in a second count, of possession of marijuana in violation of section 11530 of that code. In a trial by jury, in which both defendants were represented by the public defender, the appellant and his codefendant were found to be guilty as charged. The present appeal is from the judgment.

A summary of the evidence will be given. William H. Kaskey, a police officer of the City of Los Angeles assigned to the narcotics division, testified that on September 20, 1960, at approximately one o'clock in the morning, he participated in the arrest of the appellant Rogers and his codefendant Byrd in a residence located at 1332 East 142d Street in the County of Los Angeles. Officer Northrup was with him. The witness knocked on the door and it opened. He saw Byrd inside the house. The officer exhibited his badge to Byrd and stated, "We are police officers." Byrd said that he lived there. The officer then asked if they might enter and Byrd replied, "Yes, it's all right with me; come on in." The officers entered. Rogers was sitting…