Kipnis

Appellants were convicted of violating Health and Safety Code, section 11530, possession of marijuana. They, together with two other defendants, were tried by jury. Kipnis and Collins appeal from the judgments.

Facts

Shortly before 4 a.m. on May 4, 1967, the Volkswagen in which the appellants and three companions were riding struck a bridge abutment and overturned. The driver was killed and an ambulance transported the appellants and the other two passengers to a hospital.

Officer Carey of the California Highway Patrol arrived at the scene around 5:45 a.m. Among the general debris resulting from the accident, Officer Carey found some cigarette papers and a plastic bag containing 41.40 grams of marijuana. Inside the car he found a blue flight bag which contained three bricks of marijuana, weighing 2,673.10 grams. Under orders of the California Highway Patrol the car was impounded, and no unauthorized person had access to it during the 60-day period following the accident. About 8:15 a.m. on the day of the accident, and while hospitalized, the four passengers were placed under arrest by an agent of the Bureau of Narcotic Enforcement. He ordered their clothing searched.…