Hunter

This is a companion ease to 4 Criminal 1768, “People of the State of California v. Jean Donetta Bost,” post, p. 394 [ 33 Cal.Rptr. 10 ]. By stipulation the preliminary examinations of the two charges were held contemporaneously on the same evidence. In the superior court, by agreement of the parties, the testimony taken at the preliminary examination was received as the only evidence against both defendants by the judge sitting without a jury. However, each of the defendants appealed, and the two cases were given separate consideration in this court leading to the preparation of two opinions. Because many of the essential facts in the two cases are identical and equally applicable to the two charges, there will be numerous cross-references from one opinion to the other. Some of the points raised on appeal by each of the defendants are identical.

Lloyd Thomas Hunter, Jr., was charged with violation of section 11531 of the Health and Safety Code of the State of California:

After the trial court found him guilty and denied his motion for a new trial, he was admitted to probation for three years on condition that he spend 60 days in the county jail.

The appellant does not claim…