Quigley

Appellant was charged with the crime of possession of narcotic in violation of Health and Safety Code, § 11500, in that on or about May 4, 1957, he wilfully, unlawfully and feloniously had in his possession a certain narcotic, to wit, marijuana. A prior conviction of a felony by the defendant was admitted. He was found guilty by a jury and was sentenced to the state prison for the term prescribed by law. His motion for new trial was denied and he appeals from the judgment of conviction and the order denying his motion for a new trial.

On May 4, 1957, at approximately 9:40 p. m., two police officers, Mueller and Sgobba, while driving on 39th Street in San Diego, noticed a 1949 Mercury automobile parked immediately behind a Nash car and near a residence which they were checking. The officers drove by the parked ears, made a “U” turn, and stopped at the side of the Mercury. Appellant and one David Rowell were sitting in the front seat of the Mercury and each had a can of beer in his hand. They appeared to be young men and the officers questioned them as to their ages. Rowell, the driver of the Mercury, and appellant, produced “identification” showing them to be 18 and 20 years old.…