People v. Lee

—Defendant was accused of violating section 11530 of the Health and Safety Code (possession of marijuana). In a nonjury trial, he was found guilty of violating section 11556 of the Health and Safety Code (unlawfully being in place where narcotics are used), a lesser and included offense in the offense charged. He appeals from the judgment.

Appellant contends that there was no reasonable cause for his arrest and a search incident thereto; that the evidence does not support the judgment; and that the provisions of section 11556 of the Health and Safety Code are unconstitutional.

It was stipulated that the People’s case might be submitted on the transcript of the preliminary examination, and that exhibits received at that examination might be received in evidence at the trial. Officers Johnson and Kemples testified at the examination.

On November 9, 1966, about 3 :30 p.m., while Officers Johnson and Kemples were in a police car traveling easterly on Wilshire Boulevard near June Street, they saw a convertible automobile, without a front license plate, traveling westerly on Wilshire. They pursued the automobile and stopped it on June Street. Two men were in the automobile—the…