People v. Austin

Appellant Austin and others were indicted by the Grand Jury of the County of Los Angeles on various counts of selling, furnishing and giving away marijuana in violation of section 11531 of the Health and Safety Code. Appellant was charged in Counts I, II and III of the indictment with offering to sell, selling, furnishing and giving away marijuana on October 25, 26 and 27, 1960. In Counts VI and VIII he was similarly charged on subsequent dates. Appellant entered a plea of not guilty and in a non jury trial was found guilty as to Counts I, II and III, and not guilty as to Counts VI and VIII. He appeals from the judgment of conviction.

Appellant contends (1) that the evidence shows unlawful entrapment, and (2) that the evidence is insufficient to support the judgment of conviction. These contentions are without merit.

Officer Johnson, of the Los Angeles Police Department, testified to the following effect: On October 25, 1960, he met defendant Rosemary Ricks at an establishment in Los Angeles known as the Red Hut. A conversation ensued in which defendant Ricks asked the officer if he had any marijuana. When he answered in the negative, she said that she knew where some could be…