Kesey

Charged with possession of marijuana (Health & Saf. Code, § 11530), defendants waived jury trial. The court found both guilty, and admitted them to probation on condition they serve 6 months in county jail. Both defendants appeal.

Acting under a search warrant, officers entered defendant Kesey’s residence, located in a wooded area in La Honda. Many visitors were present. One officer entered the bathroom. As another approached, the door was slammed in his face, and he heard sounds of a scuffle. He entered the room, and saw appellant Browning choking the first officer, while appellant Kesey was on his knees attempting to dump the contents of a jar into the toilet. The jar contained marijuana, and quantities of that substance were found elsewhere in the premises. It is apparent that the evidence fully sustains the conviction, and no contrary contention is made here.

Rather, appellants attack the validity of the search warrant. They contend, in part, that the affidavit for the warrant is insufficient on its face. We cannot agree. The affidavit states that: the officer making it had participated in surveillance of the Kesey residence on 6 occasions from October 1964 to April 1965; on…