Garza

People v. Garza

Good Law
160 Cal. App. 2d 538·1958 Cal. App. LEXIS 2151·325 P.2d 200
Court of Appeal of CaliforniaMay 16, 1958Crim. 6072California1,130 words

Opinion

Opinion

Ashburn, J.

Convicted of three charges of selling a preparation of heroin (Health & Saf. Code, § 11500) defendant appeals from the judgment.

Appellant claims insufficiency of the evidence but his brief does not comply with the rule pertaining to the presentation of that argument. (Buies on Appeal, rule 15.) However, our consideration of appellant’s major contention requires an examination of the evidence and we find it to be amply sufficient.

At the times here pertinent defendant operated the San Antonio Café in the city of Los Angeles. On April 8, 9 and 18, 1957, he sold heroin to Police Officer Nelson, each transaction being the subject of one of the counts of the indictment.

On the first occasion the officer was accompanied by one Daisy, an informant, who introduced him to defendant as “her old man.” The officer was carrying a suit of clothes and a coffee pot. Garza asked about the size of the suit and pronounced it too short. Asked how much he would give for the coffee pot, defendant said “a half,” which term in underworld parlance signifies a half gram of heroin. Defendant then spoke in Spanish to his employee Villareal and told the officer, who did not understand that language, “I am…

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