Tharp

Defendant was charged with possession of marijuana on July 31,1967 (count I), and on August 1, 1967 (count II), in violation of section 11530 of the Health and Safety Code, and possession of a restricted dangerous drug, seconal, in violation of section 11910 of the Health and Safety Code. The case was tried to a court upon the transcript of the preliminary hearing and additional testimony offered at trial. Defendant was found not guilty of count I and guilty of counts II and III; he was sentenced to state prison on count II for a minimum term of six months, pursuant to Penal Code section 1202b, and to county jail on count III for 60 days, the sentences to run concurrently.

On appeal defendant raises the following contentions: (1) certain evidence supporting counts II and III was inadmissible because obtained as the result of an illegal arrest or illegal search; (2) the evidence was insufficient to prove knowing possession of either drug; (3) defendant’s waiver of a jury trial was ineffective; and (4) the statute prohibiting and punishing the possession of marijuana is unconstitutional as a cruel and unusual punishment, a deprivation of due process, and a denial of equal…