MacCagnan

Convicted of having had in his possession “flowering tops and leaves of Indian Hemp,” familiarly called “marijuana,” (Health & Saf. Code, §11500) a narcotic, defendant seeks a reversal on the grounds of (1) the insufficiency of the evidence to prove he had knowledge of his possession of the contraband; (2) errors in rejecting appellant’s offered instructions on (a) knowledge, (b) giving other instructions, (e) accusatory statements; (3) error in receiving evidence of value of contraband; (4) error in the prosecutor’s telling the jury defendant admitted his guilt; (5) error in proceeding on an indictment (No. 160110) charging same offense as that alleged in the information (No. 157170) which had been based upon the commitment by the municipal court and which information was still pending; (6) error in denying motion for new trial.

Before relaying the story of appellant’s experiences and his clash with the law, it will serve to illuminate other refer enees to report an antecedent proceeding wherein appellant was accused by complaint of the same offense charged in the instant indictment, was committed in June, 1953, and was accordingly charged by information and his bail fixed at…