Foster

—By information defendant was charged with possession of marijuana in violation of section 11530, Health and Safety Code; a jury found him guilty. His motion for a new trial was denied and he was sentenced to the state prison for the term prescribed by law. Defendant appeals from the judgment and order denying motion for a new trial. The appeal from the order is dismissed. (§ 1237, Pen. Code; People v. Ing, 65 Cal.2d 603, 614 [ 55 Cal.Rptr. 902 , 422 P.2d 590 ].)

On April 15, 1966, around 2:20 a.m., Officer Corbett, on a burglary stake-out, after observing defendant’s suspicious conduct, attempted to apprehend him in his automobile after identifying himself and requesting defendant to pull to the curb; defendant looked at the officer and-started speeding down Sunset Boulevard; a chase with siren and- spotlight ensued during which the officer observed'him extend'- his left-arm out of the driver !s .window and. throw a. bottle containing marijuana over the roof; of the car. onto.-.the lawn uf-a house;upon defendant’s arrest a search of his'pants'pocket revealed some zig-zag papers.

Appellant’s sole contention is that section 11530, Health and Safety Code, does not properly…