People v. Newman
People v. Newman
Opinion of the Court
In an indictment the defendant was accused of unlawfully selling heroin. It was also alleged that he had been convicted previously of forgery, a felony. In a non-jury trial he was adjudged guilty and the allegation of prior conviction was found to be true. He appeals from the judgment.
Officer Keyes testified in substance as follows: That on October 23, 1962, about 12:30 p.m., while he and Officer
It was stipulated that Richard J. Single was an expert forensic chemist. Then the deputy district attorney said to the court, ‘ ‘ [M] ay this envelope [apparently referring to the large envelope above mentioned] and its contents be marked People’s 1 for identification?” The court replied in the affirmative. Then it was stipulated (according to the reporter’s transcript before it was amended as hereinafter stated) that: “Richard J. Single has been deemed to have ... testified that on October 25th, 1962 he received the envelope marked People’s from the Los Angeles Police Department Crime Laboratory; ... that he ... found the envelope contained nine clear capsules of a white powder, and that he tested three at random ... and as a result of ... chemical examination ... determined that they contained the narcotic heroin____” (It is to be noted that after the word “People’s” in the above stipulation there is no number identifying the envelope as an exhibit. This omission is the basis for appellant’s contention on appeal to the effect that the evidence was insufficient to prove that a narcotic was in the capsules.)
Appellant contends that the evidence was insufficient to establish the presence of heroin or any narcotic. His argument is that the testimony, by stipulation, of the chemist contained only a reference to “People's” without designating that it related to “People’s 1,” which was the envelope and contents identified by Officer Keyes. He argues further that the officer did not testify that the capsules contained heroin.
After this contention was made in appellant’s brief, the People made a motion in this court for correction of the reporter’s transcript so that the reference in the stipulation to the envelope, as an exhibit, would read “People’s 1” instead of “People’s.” The motion was based upon a certified statement of the official shorthand reporter to the effect that in his shorthand notes the figure “1” does appear after the word “People’s” so that in fact the reference should be “. . . the envelope marked People’s 1. . . .”; that the omission of the figure “1” from the transcript was a transcribing omission. The motion for correction of the record was granted. The record as thus corrected shows that the stipulation as to the chemist’s testimony did designate the envelope referred to in the stipulation as “People’s 1.” That is the envelope which contained the capsules, and was marked “People’s Exhibit 1” for identification (and later marked “Exhibit 1”). No contention was made at the trial regarding an omission in designating the exhibit to which reference was made in the proposed stipulation as to the testimony of the chemist. Apparently the reason such a contention was not made was that in fact, as shown by the reporter’s certificate, there was a designation of the exhibit number. It thus appears that the stipulation as to the chemist’s testimony was to the effect the chemist examined three of the capsules, which were in the envelope marked People’s Exhibit 1, and he determined that those capsules contained heroin.
Irrespective of the certificate of the reporter, it appears
The evidence was amply sufficient to support the conviction.
The judgment is affirmed.
Fourt, J., and Lillie, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.