Kilborn

By information, appellant James Scott Kilborn was charged in count I with possession of restricted dangerous drugs (Health & Saf. Code, § 11910), in count II with possession of restricted dangerous drugs for sale (Health & Saf. Code, § 11911) and in count III with transporting restricted dangerous drugs (Health & Saf. Code, § 11912). He entered a plea of not guilty to the charges and was convicted by a jury of all three counts. The trial judge sentenced him to prison for the term prescribed by law on each count and ordered the sentences to run concurrently. Kilborn appeals from the judgment of conviction.

On March 10, 1969, at approximately 6 p.m., the San Diego County Sheriff’s Office was notified Kilborn had been robbed in the back county area of San Diego and taken to Alpine where he was without transportation. He was picked up by a deputy sheriff and driven to the sheriff’s substation in El Cajon. There he reported he had been robbed of more than $7,000 by two men from whom he had arranged to buy marijuana. He revealed he had flown from Seattle to San Diego a week earlier and purchased 30 kilos of marijuana from the same two men. On March 10, he had again flown to…