66 Cal. App. 2d 164 | Cal. Ct. App. | 1944
Defendant was convicted of the unlawful possession of flowering tops and leaves of Indian hemp, commonly called marihuana, in violation of section 11160 of the Health and Safety Code. He has appealed from the judgment of conviction.
Police Officer F. H. Duede of the narcotic detail testified that he and Officer Rapattoni went to a hotel at 747% South Central Avenue in Los Angeles on the night of September
It is contended by defendant that the evidence is insufficient to sustain the conviction and particularly that “there is no evidence in the record that shows that the defendant had any knowledge of the contents of the cigarette.” There is no merit in this contention. “Neither intent nor knowledge is an element of this offense. The mere possession is a violation of the act.” (People v. Randolph, 133 Cal.App. 192, 196 [23 P.2d 777].) See, also, People v. Le Baron, 92 Cal.App. 550, 568 [268 P. 615, 269 P. 476].)
Defendant also contends that he was prejudiced by the giving of the following instruction: “You are instructed that possession may be of two kinds, namely, actual possession and constructive possession. Actual possession exists when the person has the actual control or dominion over a thing, and constructive possession exists when a person has the right to possession or control, either individually or through an agent. An agent’s possession is the possession of the owner. If two or more persons have in their joint possession marihuana, or narcotics of any kind or character, then the possession, control or ownership of one of the persons so engaged, constitutes possession, ownership and control for each and all of any such persons. ” It is argued that no evidence was before the jury from which they could conclude that defendant was the agent of Robinson or that defendant and Robinson were in joint control of the marihuana.
Assuming that respondent is in error in arguing that the jury could reasonably find agency in the present action, we
The judgment is affirmed.
Moore, P. J., and McComb, J., concurred.