Schenk

Defendant, having been convicted by a jury of possession of a restricted dangerous drug (barbiturate) (Health & Saf. Code, § 11910), appeals from an order granting him probation and suspending imposition of sentence. On appeal he contends first that a statement taken from him in violation of his Miranda rights was impermissibly admitted into evidence against him, and secondly, that the court improperly directed the jury to determine a question of law and improperly instructed it in regard to “usable quantity."

On February 26, 1971, defendant was arrested in a Chico super market for shoplifting. He was fully advised at that time as to his Miranda rights and stated that he understood those rights. He then was taken to the city jail for booking. The interval between initial arrest and commencement of the booking process was approximately 20 minutes. During the latter procedure, defendant, upon instructions, emptied the contents of his pocket. Among the items contained therein were two loose, small red pills, subsequently identified as a barbiturate, each pill weighing two-tenths of a gram. Defendant readily admitted ownership of the pills and further admitted that he had no…