Perez

Defendant appeals from his jury conviction for violation of section 11500, Health and Safety Code (possession of marijuana).

Questions Presented

Alleged error in rulings on evidence and in refusing to give certain instructions. No attack is made on the sufficiency of the evidence.

Evidence

On December 29, 1952, 10:30 a. m., Officers Etherington and White of the San Francisco Police Bureau of Special Services and Lamport and Hernandez of the San Mateo County District Attorney’s office entered room 421 of the Yuba Hotel in San Francisco. Admitted by one Dolores Johnson, they found defendant in bed. Defendant’s person, the bed and bedding and the contents of the room were searched without finding any contraband. Lamport then searched the closet, on the floor of which was soiled wearing apparel. He found under the clothing and on the floor a marijuana cigarette. Lamport called Etherington to the closet and pointed out the cigarette. Etherington picked it up and showed it to defendant. Defendant admittedly denied knowledge of its presence and claimed the officers were trying to “frame” him. Denying that they were so doing, Etherington pointed out to defendant that the cigarette was…