Farmer

People v. Farmer

Good Law
1968 Cal. App. LEXIS 1415·267 Cal. App. 2d 500·73 Cal. Rptr. 193
Court of Appeal of CaliforniaNovember 20, 1968Crim. No. 14668California1,558 words

Opinion

Lead Opinion

Lillie, J.

Defendant was found guilty of possession of heroin (§11500, Health & Saf. Code) ; he appeals from the judgment.

On April 22, 1967, around 9 :20 a.m., Officer Nelson, traveling in a police car, observed a vehicle leave a boulevard stop at about 10 miles per hour going in the opposite direction; the passenger (defendant) fit the description of a burglary suspect. He turned around and followed the vehicle which accelerated to 40 miles per hour according to the speedometer of the police car; the speed limit was 25 miles per hour. The other vehicle stopped and defendant got out; there was a brief conversation between defendant and the driver, codefendant Spruill. The officer had stopped directly behind Spruill and turned on the red lights of the police car; he watched defendant hurriedly walk south, drop a shiny silvery object about 75 feet south of the intersection and continue walking. Spruill then made a right turn and stopped 100 feet south, the police car following; when Spruill reached the curb after his right *502 turn and stopped, defendant had reached a point from 25 to 30 feet ahead of the cars. Officer Nelson got out of his car as did Spruill; they approached each other and…

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