Blunt

By information, defendants George Blunt and Edward Mims, were each charged with possession of marijuana (Health & Saf. Code, § 11530) in count 1, and offering to sell, furnish and give away marijuana (Health & Saf. Code, § 11531) in count 2. Three prior felony convictions were alleged against Blunt and one against Mims. The trial was by the court sitting without a jury. The case was submitted on the transcript of the preliminary hearing with Blunt offering additional testimony. The court found Blunt guilty of possession of marijuana (count 1) and not guilty of count 2. Mims was found not guilty of possession (count 1), but guilty of the charge that he offered to sell or furnish it (count 2). A motion for new trial by Mims was denied. In lieu of granting the motion, however, the court found Mims guilty of possession of marijuana, “a lesser but necessarily included offense in that charged in count 2. ’ ’ The alleged prior convictions were found to be true but were stricken by the court. Probation was denied to defendants and both were sentenced to state prison. Defendants appeal from the judgments entered.

The charges against defendants arose out of a single incident which occurred…