Hamilton
People v. Hamilton
Opinion
Lead Opinion
Devine, J.
Appellant was convicted of violation of section 11500 of the Health and Safety Code in possessing unlawfully a preparation of codeine. He makes two points: that he was convicted by the use of evidence obtained by means of an illegal entry, search and seizure; and that there is insufficient evidence to support the conviction.
On November 30, 1960, police officers received teletype information that one Richard Lyons, an escapee from the county jail, might appear at the intersection of Hayes and Scott Streets in San Francisco. Going there, the police questioned a man in a parked ear, and found his name to be Jack Wilson, who, shortly after he had left the scene, was found to be an associate of Lyons. This information came by radio from the Inspectors Bureau; the inspectors had talked to Jack Wilson and to Lyons at some time. The officers learned from Wilson’s wife and mother-in-law that Wilson lived with his brother at Gambetta Street in Daly City, San Mateo County, and they proceeded to that place at about midnight. They knocked and kicked on the door, and called out that they were the police, whereupon they heard a male voice say, “Let’s get the heck out of here,” and heard a…