Bost

This is a case closely allied on the facts and the law to “The People of the State of California v. Lloyd Thomas Hunter, Jr.,” 4 Crim. 1771, ante, p: 385 [ 33 Cal.Rptr. 15 ], decided on this date. The preliminary examinations in both cases were held contemporaneously by stipulation of the parties, and in the superior court the entire evidence consisted of the reporter’s transcript of the testimony taken at the preliminary examinations. The facts, therefore, received in evidence by both the committing magistrate and the superior court judge, who tried the ease without a jury, applied to both charges. The defendant in this case, Jean Donetta Bost, was accused in the information with illegal possession of marijuana in violation of section 11530 of the Health and Safety Code.

There is no question but that Mrs. Bost actually had pos session of 10 cigarettes which contained the forbidden substance, cannabis sativa, or marijuana.

The grounds upon which this appeal is based are in part identical with the grounds of appeal in the Hunter case. This appellant also contends, as did the appellant Hunter in the companion case: (1) that the magistrate in the court below failed properly to…