Perez

People v. Perez

Good Law
1965 Cal. LEXIS 294·44 Cal. Rptr. 326·62 Cal. 2d 769·401 P.2d 934
Supreme Court of CaliforniaMay 21, 1965Crim. No. 8783California2,236 words

Opinion

lead Opinion

Traynor, J.

Defendants appeal from judgments of conviction entered after a jury found them guilty of possession of marijuana. (Health & Saf. Code, § 11530.)

At 11:30 p.m., October 13, 1963, State Narcotics Agent *772 James Shirloh and Woodland Police Officer Glenn Barton entered a hotel room in Woodland pursuant to a search warrant and conducted a search in the presence of defendants Perez and Morales, who occupied the room. Agent Shirloh found a canvas bag and a shopping bag in each of which was a package of marijuana. He found in an ashtray a marijuana cigarette that had been partially smoked. The officers arrested defendants, took them to the police station, and interrogated them. Morales made a statement inconsistent with two statements made by Perez. Perez’ statements were inconsistent with each other and with his testimony.

Defendants testified that they came to Woodland on the evening of October 12,1963, to look for work. They met a man at a tavern who drove them to a hotel. The man put a package in Perez’ canvas bag and carried it and his own shopping bag into the hotel, where he paid for defendants’ room. He put the bags on the floor in defendants’ room, placed $1.50 on the…

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