Clayton

People v. Clayton

Good Law
13 Cal. Rptr. 241·192 Cal. App. 2d 148·1961 Cal. App. LEXIS 1918
Court of Appeal of CaliforniaMay 16, 1961Crim. No. 3589California969 words

Opinion

Lead Opinion

Bray, J.

Defendant appeals from judgment of conviction, after jury trial, of violating section 11500, Health and Safety Code (sale of marijuana). *

Questions Presented

1. Did the court err in permitting a witness to avail himself of the privilege of self-incrimination ?

2. Other contentions made by defendant in propria persona.

*149 Evidence

At approximately 9 p. m. February 18, 1958, Anatole Balmy, a police officer working as an undercover agent for the narcotic detail of the San Francisco Police Department, and Inspector Logan of the narcotic detail, went to the Elwood Hotel on Bush Street.

Officer Balmy entered the hotel alone and went to the manager’s apartment to meet defendant. The officer’s appointment with defendant had been arranged by John Casio, an informant working with the police department. Defendant and Casio arrived at the manager’s apartment shortly after the arrival of Officer Balmy.

According to Balmy, he and Casio and the defendant went into a bedroom of the apartment where Casio introduced Balmy to defendant. Balmy testified that defendant asked him how much marijuana he wanted to purchase. After an amount was agreed upon defendant left the hotel room in order…

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