State Missouri v. James E. Boykins

The appellant, James E. Boykins, with a prior conviction of possession of a narcotic drug, has again been found guilty of possession of a narcotic drug, 7.32 grams of marijuana, and sentenced to fifteen years' imprisonment. RSMo 1959, §§ 195.010(5) (17), 195.020; 195.200. The circumstances were that Officers Richmond and Isaiah Brown, assigned to the narcotics squad, were parked in an unmarked automobile in the 6000 block of Bartmer ""watching the narcotic traffic (persons and automobiles in general) in that area."" They saw Boykins come out of a house, enter a red Thunderbird automobile and drive away. They saw that he had ""no city sticker"" at the appropriate place on his windshield and at 5869 Etzel signaled to him by tapping the horn and waving and ""pulled him to the curb."" But, according to the officers, ""just before he pulled to the curb, we noticed the left door, with him driving, and holding with the right hand, we noticed the left door open, and we observed something drop to the ground from the rear as we pulled in behind him, and I (Richmond) got out of the car immediately, and retrieved this packet, which was in a brown manila envelope."" Richmond opened the envelope ""and that's when I observed inside this green vegetable-like material resembling marijuana."" And so Officer Richmond said, the defendant Boykins made no statement and refused to talk, but ""after seeing and believing that it was marijuana, I placed the defendant under arrest for possession of marijuana, and then I also questioned him concerning the city vehicle license that was not on the windshield of his automobile."" Both officers testified positively that the manila envelope was on the pavement, between the curbline and the automobile where the defendant had dropped it when Richmond picked it up. Police chemist Cordell Brown tested the material in the envelope and it contained 7.32 grams of marijuana. In passing it should be said that these circumstances support the charge and warrant the jury's finding of Boykins' guilt of possessing a narcotic drug. State v. Small, Mo., 423 S.W.2d 750.