Antista

Defendant Antista and codefendant Rivers were charged with the unlawful possession of marihuana, in violation of the Health and Safety Code, section 11500. Defendants entered pleas of not guilty as charged in the information. In a trial to the court, codefendant Salome Rivers was found not guilty and defendant Bart Antista was found guilty as charged in the information.

Proceedings were suspended and defendant Antista was granted three years’ probation. He appeals from the judgment.

Police Officer Francis A. Cook went to appellant’s apartment about 12:30 a. m. and found codefendant Salome Rivers lying on a couch and a man named Poocho sitting alongside her. Officer Cook proceeded to search the apartment and, in a cupboard in the living room, discovered a wax paper bag with loose green leafy material, an ash tray containing three cigarette butts, and some packages of wheat straw paper. Appellant then arrived at the apartment and denied knowledge of these items when they were shown to him. Further search of the apartment revealed a Band-Aid package containing green leafy material and wheat straw paper in a broken radio in an unused bedroom or storeroom. The green leafy substances…