Estany

In an information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of section 11500 of the Health and Safety Code, possession of marijuana. Defendant entered a plea of not guilty. Trial was by the court, trial by jury having been duly waived by defendant personally and all counsel. Pursuant to stipulation of defendant and all counsel, the cause was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing and the evidence adduced at that hearing. The judge indicated for the record that he had read and considered the evidence produced at the preliminary hearing. No additional evidence was offered and the matter was submitted to the court for decision. Defendant was found guilty as charged, and a probation report was ordered. Probation was denied and defendant sentenced to state prison for the term prescribed by law.

On November 11, 1961, Donald B. Brewer, an agent of the State Bureau of Narcotic Enforcement, assisted by three other law enforcement officers, staked out at 446 West 93rd Street where, according to information received by them, defendant resided and was in…