Lovio

This is an appeal from a judgment of conviction of violating section 11530, Health and Safety Code (possession of marijuana).

In an information filed in Los Angeles County on February 20, 1962, appellant was charged with four codefendants with possessing marijuana on January 13, 1962. A prior conviction of a felony was charged against appellant and he pleaded not guilty and denied the truth of the allegation with reference to the prior conviction. A jury trial was waived and appellant was found guilty as charged and the allegation with reference to the prior felony conviction was found to be true. The appeal is from “the judgment and sentence” “and from the denial of the defendant’s motion for a new trial.” The last mentioned motion is nonappealable (Pen. Code, § 1237).

A résumé of some of the facts is as follows: Officers Dorris and Salazar of the Los Angeles County Sheriff’s Office were patroling about 4 a.m., January 13, 1962, in the 500 block of Sadler Avenue where they observed a parked automobile. One of the doors of the observed car was open and a man was standing next to it. Another man was getting out of the car. The high beam lights on the police car were turned on in…