Carnesi

Defendant Carnesi appeals from the judgment (order granting probation) which followed his conviction of a violation of section 11910 of the Health and Safety Code (possession of restricted dangerous drug—Secobarbital).

Facts

At about midnight of August 10, 1969, Officers Pearson and Rasmussen of the Los Angeles Police Department responded to a radio- communication that juveniles were disturbing the peace at 129 West 90th Street. At the scene they noticed a group of young people standing around. Three appeared to be drinking from alcoholic beverage containers. Carnesi, one of the three, was drinking from a can of beer. Rasmussen later smelled the contents of the can and it had an “odor like beer.” The names of the other two who were drinking were Macias and Martinez. The three were placed under arrest for a violation of section 41.27 (c) of the Los Angeles Municipal Code. When Macias removed his hand from his pocket several red capsules fell to the ground. They resembled Seconal. Then there followed a scuffle, mainly between Macias and the officers. Since a charge of resisting arrest (Pen. Code, § 148) which was first lodged against Carnesi was later dismissed, the…