Schumacher

People v. Schumacher

Good Law
1967 Cal. App. LEXIS 1930·256 Cal. App. 2d 858·64 Cal. Rptr. 494
Court of Appeal of CaliforniaDecember 13, 1967Crim. No. 12535California3,438 words

Opinion

Lead Opinion

Lillie, J.

On March 1, 1966, a jury found defendant guilty (No. 313918) of possession of heroin on November 5, 1965 (§ 11500, Health & Saf. Code); of a subsequent sale of *861 heroin on December 30, 1965 (§ 11501, Health & Saf. Code) he was convicted by a jury on April 5, 1966 (No. 317725). Tried separately, the two cases were consolidated on appeal. Before us are appeals from both judgments and order denying motion for a new trial. The purported appeal from the order is dismissed (§ 1237, subd. 2, Pen. Code).

First Case (No. 313918)

Narcotic Officers Waers and Hill had information that there were two outstanding traffic warrants for defendant’s arrest. On November 5, 1965, around 12:30 p.m., the officers, riding in an unmarked police car, saw defendant on crutches enter a liquor store on Windward Avenue and come out in a few minutes; he was out of their sight only one minute while in the store. They approached him on the street, identified themselves and asked his name; he answered, “Bussell Schumacher.” They asked for identification, and as defendant reached into his left rear pants pocket Officer Waers observed red and blue balloons cupped inside his hand. He had seen many such balloons…

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