Hamilton

Defendant appeals from a conviction, after trial by jury, of possession of narcotics in violation of section 11530, Health and Safety Code. He was acquitted of another count charging violation of section 11531, Health and Safety Code, furnishing a narcotic.

One Alvarez, an agent employed by the Kern County Sheriff’s Office, testified that while he and defendant were in an automobile, defendant produced a hand-rolled marijuana cigarette which he partly smoked, giving what remained to Alvarez, who pretended to smoke it. Instead he hid it in his sock, and later delivered it to the sheriff’s office. A chemical analysis disclosed the contents of the cigarette to be marijuana. The first count charging defendant with furnishing marijuana was predicated upon the foregoing facts.

Approximately a month after the smoking episode, Alvarez, looking for defendant Hamilton, went to the apartment of Mrs. Dorothy Cobb, a codefendant who has not appealed from her conviction of possession. Alvarez knocked on the door and when defendant appeared, Alvarez asked for marijuana, but defendant denied having any. Alvarez left and walked to a window at the rear of the house, through which he observed…