Tomita

—This is an appeal from a judgment of conviction of possession of marijuana.

In an information filed in Los Angeles on November 16, 1966, defendant was charged in count 1 with possessing marijuana on October 16, 1966, and in count 2 with possessing marijuana on October 16, 1966, while in the Los Angeles County jail. Defendant was found guilty in a jury trial as charged in count 1 and not guilty of the charge as stated in count 2. Defendant was sentenced to the state prison.

A résumé of some of the facts is as follows: On October 16, 1966, Deputy Sheriff Robert E. Payne was security officer on duty at the second floor infirmary of the Los Angeles County jail. That afternoon defendant was brought up in the elevator to be admitted to the infirmary, and Officer Payne instructed him to change his clothes in an adjacent room. Officer Payne, standing in the hallway some 15 or 20 feet away observed defendant through a well-lighted open doorway. He saw defendant, while changing his clothes, make a furtive movement as though removing from his mouth some object which he then placed in an empty cigarette carton on the table before him. This movement aroused the watching officer’s suspicion…