People v. Ikner

In an information defendant was charged with violation of section 11500 of the Health and Safety Code, a felony, in that, on April 4, 1955, “in the County of Los Angeles, State of California,” he unlawfully had heroin in his possession. It was also alleged therein that he had been convicted previously of violation of said section, a misdemeanor. Trial by jury was waived. Defendant was adjudged guilty. The allegation as to prior conviction was stricken out, on the court’s motion, in the interests of justice. Defendant appeals from the judgment.

Appellant asserts that the prosecution failed to establish the venue of the crime; and that the evidence was insufficient to support the judgment.

Officer White testified that he is a police officer for the city of Los Angeles and is attached to the Newton Division (police station); on April 4, 1955, about 6 :15 p. m., he saw defendant on the west side of Ceres, walking south bound in front of 649; defendant was alone; the witness (Officer

Officer McCauley, an expert chemist, testified that he is a police officer of the city of Los Angeles, assigned to the investigation division as a chemist; he first saw Exhibit 1 (bindles) at 318 West First Street at the police property section; he examined five bindles and found that they contained heroin.

James Moore, a witness on behalf of defendant, testified that on said April 4, about 6:15 p. m., he was at a garage on Ceres

Defendant testified that on said April 4, about 6:15 p. m., he was walking south on Ceres Street, the police ear was going north on Ceres, and he was arrested in front of 649 Ceres; he lived two blocks from there and he knew the neighborhood very well; he was on his way to the cleaner, and the officers called him to the car and asked his name and what he had “ever been arrested for”; he replied, “Narcotics”; the officers started searching him, then they went away and picked up cigarette packages; they came back and said, “This is yours, isn’t it?”; he replied that it was not his; the street was very crowded, and they took him off and handcuffed him; the heroin was not his; he had never seen it; he was standing by the officers’ car talking to one of the officers while the other officer was across the street, where defendant had been walking; it was about 10 minutes from the time they stopped until they found the heroin; defendant did not throw anything.

No witness testified that the facts related by him occurred in the county of Los Angeles. No witness was asked by the district attorney or defense counsel whether such facts occurred in said county. The information alleged that the crime was committed in the county of Los Angeles, state of California. The case was tried in the superior court of the county of Los Angeles at the county seat of said county, which is the city of Los Angeles. The point with reference to failure to establish the venue was not raised in the trial court. Venue is a question of fact and may be established by circumstantial evidence. (People v. Ford, 133 Cal.App.2d 695 , 697 [ 284 P.2d 836 ].) Defendant was arrested by police officers of the city of Los Angeles on Ceres Avenue between Sixth and Seventh Streets. Immediately prior to the arrest defendant had been walking in a southerly direction on the west side of Ceres Avenue. Courts may take judicial notice of geographical facts. (In re Ryan, 61 Cal.App.2d 310 , 314 [ 142 P.2d 769 ]; Code Civ. Proc., § 1875, subd. 8.) The trial court herein could take judicial notice that there are in the city of Los Angeles a Ceres Avenue, a Sixth Street, and a Seventh Street, and that the Ceres

In People v. De Soto, 33 Cal.App.2d 478 [ 92 P.2d 466 ], the defendant, who was convicted of burglary, contended that the venue had not been established. There was testimony therein that the burglary occurred at an apartment house at 524 Bast Miner Avenue. Also there was testimony therein by police officers of the city of Stockton, in San Joaquin County, that they were performing their official duties as police officers in said city when they arrested the defendant about a block from the apartment house at 524 Bast Miner Avenue. The trial court instructed the jury that said address was located in the city of Stockton, which was in the county of San Joaquin, California. It was held therein that there was no error.

In People v. West, 34 Cal.App.2d 55 [ 93 P.2d 153 ], the court said at page 59: “Under the facts of this cáse the jury were justified in concluding, as jurors, what they well knew as men and women, that the streets named by some of the witnesses meant certain well known and so named streets in the City of and County of Los Angeles.”

In People v. Ford, supra, 133 Cal.App.2d 695 [ 284 P.2d 836 ], a question was whether the venue was established as the county of Los Angeles, California. It was stated therein (p. 697) that the officers who arrested Ford were police officers of the city of Los Angeles, and that the chemist who examined a truck, involved therein, was employed in the office of the sheriff of the county of Los Angeles. After stating other details the court said therein at page 698: “Without going further into detail, it is enough to say that the evidence directly and logically points to the single inference that the offenses were committed in the County of Los Angeles.”

Appellant argues, with respect to the alleged insufficiency of the evidence, that the officer did not see any narcotic in the possession of defendant; that at the time the officer saw defendant throw something he did not identify the object; and that there was no evidence that the narcotics were not in the gutter before the officer saw an object leave defendant’s hand. As above shown, there was evidence that the officer saw defendant throw something; and the officer kept the object under observation, went to it, picked it up, and marked it for identification. At the trial he identified Exhibit 1 as that object. The object contained bindles of heroin. The evidence was sufficient to support the judgment.

The judgment is affirmed.

Shinn, P. J., and Vallée, J., concurred.