Sloss

This is an appeal from an order granting probation following appellant’s conviction by jury trial of one count of possession for sale of marijuana in violation of Health and Safety Code section 11530.5 and one count of unlawfully offering to sell, furnish or give away marijuana in violation of Health and Safety Code section 11531.

On September 21, 1971, Officer Hill of the Long Beach Police Department obtained a search warrant authorizing a search of an apartment at 1243 East Ocean in Long Beach for the purpose of seizing four pounds of marijuana alleged to be contained in a metal box in brown wrapping paper with a mailing label bearing appellant’s name, as well as certain correspondence and paraphernalia used to package or consume marijuana. In his affidavit in support of the issuance of the search warrant Officer Hill stated that on September 17, 1971, he had been contacted by Agent Killewald, a United States Customs agent, who stated that he had in his custody a parcel containing approximately four pounds of marijuana destined for delivery to 1243 “Upper” East Ocean in Long Beach. On September 20, 1971, Agent Cunningham showed the parcel to Officer Hill at the United…