People v. Gonzales

Defendant was charged by information with (1) a violation of Health and Safety Code, section 11530 (possession of marijuana on July 25, 1959) and (2) violation of Health and Safety Code, section 11531 (sale of marijuana on July 25, 1959). A jury found defendant guilty as charged and judgment was entered sentencing defendant to the state prison. A motion for new trial was denied as to both counts. Defendant appeals from the judgment and from the order denying his motion for a new trial.

The facts developed on the trial were that in July of 1959 the State Bureau of Narcotic Enforcement together with local police were conducting a narcotics investigation in the Salinas area. State Agent Sutton was told by two informers, Alex Carillo and Rafael Carillo, that the defendant was dealing in narcotics; the police added he had engaged in the narcotic traffic in the past and that they had information during regular police work that he was operating again. On July 25, 1959, at the Salinas Police Station, Agent Sutton gave the informer Alex Carillo a skin search, which consists of stripping off all the clothing and then examining the same for narcotics and other contraband. After ascertaining…