Gordon

Defendant was charged with possession of marijuana for sale (§ 11530.5, Health & Saf. Code). His motion under section 1538.5, Penal Code, was submitted on the transcript of the testimony taken at the preliminary hearing; additional evidence was offered by both parties. The motion was denied. Thereafter the cause was submitted on the transcript of the preliminary hearing and defendant was found guilty as charged. He appeals from the judgment (order granting probation).

Around 2:45 p.m. on February 2, 1968, Lyle Wenk, an American Airlines supervisor, working in the air freight department at the air terminal, saw defendant unload a leather trunk (Exh. 8) and an unsealed 30 x 18 cardboard carton containing a metal footlocker taped across the top (Exh. 7) from the back seat of a Volkswagen. Defendant then tendered them to American Airlines for shipment and filled out an airweigh bill; the airweigh bill indicated that the trunk and the footlocker were to be shipped to Kennedy Airport in New York and held there, the name of the shipper and of the consignee in New York (R. M. Gordon) were the same, they contained sculptures and there was no declared value and no insurance…