Foote

Defendants, Elias Lopez, Ronald F. Foote and Domingo A. Hernandez, were charged with violation of Health and Safety Code, section 11530 (possession of marijuana) on August 12, 1961. Defendant Foote was also charged with a prior conviction for burglary first degree. He admitted the prior conviction. Each defendant pleaded not guilty to the charge and the jury found all guilty as charged. All defendants appealed from the judgment. Apparently, defendant Lopez abandoned his appeal and it was dismissed. The only claim of the other defendants on this appeal is that the marijuana found in a 1952 black and white two-door Cadillac sedan was the fruit of an unlawful search and seizure and was erroneously admitted in evidence over objection.

Facts

About 2 a. m. on August 12, 1961, two sheriff’s patrol ears were parked in Solana Beach. Sergeant Witcraft was in one of them and Deputies Lindberg and Jones were in the other. About that time, Sergeant Witcraft observed a 1952 Cadillac which he identified as belonging to defendant Lopez. He notified the deputies in the other sheriff’s car by radio that the vehicle was coming in their direction and asked them to stop it. Neither Witcraft nor the…