Todd

The trial court found Hughes and Todd (known as Maureen Bayle) guilty on separate counts of possession of marijuana (§ 11530, Health & Saf. Code) and jointly guilty of possession of restricted dangerous drugs (§ 11910, Health & Saf. Code), suspended the proceedings and granted them probation for five years. Both defendants appeal from the judgments (order granting probation).

Around 9:15 a.m. on February 19, 1968, while parked on his motorcycle with Officer Teague, Officer Sherlock observed Hughes drive past in a 1955 Mercury proceeding northbound on Vermont; with Hughes in the front seat were Todd and one Stone. He noticed the muffller and tail pipe bouncing up and down hitting the ground and no 1967 or 1968 tabs on the rear license plate; he turned on his red light and finally Hughes pulled over. As he walked to the driver’s side the car kept rolling backwards; he asked Hughes what was wrong and if his emergency brake worked; Hughes replied there is “no emergency brake at all,” and that the car did not belong to him. As Hughes reached over to turn off the ignition, Officer Sherlock noticed that the car did not have a standard type ignition—it was makeshift—the wind…