180 Cal. App. 2d 95 | Cal. Ct. App. | 1960
Defendant appeals from a judgment entered upon the verdict of guilty of possession of marijuana in violation of Health and Safety Code, section 11500. He is represented by court-appointed counsel.
Appellant argues: 1. that the evidence is insufficient to support the judgment; and 2. that the court committed prejudicial error in sustaining objections to certain questions.
Appellant insisted upon conducting his own defense although, with his consent, the court assigned a deputy public defender to counsel and assist him.
On April 12, 1958, appellant paid one week’s rent in ad
Mrs. Gentry testified that the smaller door to the apartment was locked with a bolt from the inside. Appellant produced evidence that this bolt was defective and that he had had to prop a chair against this door to keep it from opening. As to the door leading to the kitchenette Mrs. Gentry testified that she had given a key to this door to appellant when he rented the apartment. Appellant denied flatly ever receiving such a key. Mrs. Gentry further testified on cross-examination that the rooms were not kept locked when they were not rented. Appellant produced witnesses who testified that on one occasion before April 17 they went to appellant’s apartment in his absence and found the door to the kitchenette unlocked. There was also testimony that some of his clothes which had been in the apartment were found to be missing.
When arrested for vagrancy appellant told the officers that his name was Middlebrooks and that he lived at an address in Berkeley. The address given was his mother’s home and Middlebrooks is the name of his stepfather. When appellant rented the apartment from Mrs. Gentry he told her that he had just come from Texas, which was not true.
Appellant complains that the court erred in sustaining an objection to a question as to what one police officer said to another at the time of his arrest. He now claims, although no such assertion was made in the trial court, that the testimony sought would have rebutted “the prosecution’s inference that a false name and address had been given.” While as a general rule questions asked on cross-examination are largely exploratory, and “it is unreasonable to require an offer of proof since counsel often cannot know what pertinent facts may be elicited” (Tossman v. Newman, 37 Cal.2d 522, 525 [233 P.2d 1]), this case does not properly fall within that rule since appellant was present and heard the statement which he was seeking to prove and was therefore in a position where he could and should have made an offer of proof. Under these circumstances in the absence of an offer of proof we can neither determine whether the statement sought to be proved was material nor whether its exclusion might or might not have been prejudicial.
Appellant further complains that he was not allowed to testify to his reason for telling Mrs. Gentry that he had just come from Texas. It was technically srror to exclude this
Judgment affirmed.
Kaufman, P. J., and Draper, J., concurred.
A petition for a rehearing was denied May 20, 1960, and appellant’s petition for a hearing by the Supreme Court was denied June 14, 1960. Dooling, J., did not participate therein.