Vignoli

Defendant was tried before a jury on the charge that he had violated Yehicle Code section 23105 by driving a vehicle upon a highway while under the influence of narcotic drugs. There was a guilty verdict and he appeals from the judgment.

On January 9, 1962, at approximately 1 p.m. a Stockton police officer stopped defendant’s vehicle after observing him driving at a speed of 35 to 40 miles per hour on a city street. With defendant in the car were his mother and two male persons. Upon finding that defendant did not have a vehicle operator’s license the officer arrested him and took him to the police station. At approximately 1:30 p.m. his person was examined by police officers, who found that he had marks and scabs on both arms. One mark on his left arm was bright red, having the appearance of fresh blood. The officers also observed that defendant was extremely drowsy, that his head would nod and then jerk up again.

At about 5:15 p.m. defendant was examined by Dr. John I. Morozumi. Dr. Morozumi testified that during the past six and one-half years he had examined between two and three thousand persons suspected of the illicit use of drugs. He observed defendant to be extremely…