Walker

This is a purported appeal by defendant from “the conviction and sentence” in a case involving the posses sion for sale of a dangerous drug, amphetamine sulphate. We shall consider the matter as an appeal from the order granting probation.

In an information filed in Los Angeles County on January 3, 1966, defendant was charged with possessing for sale on December 2, 1965, a dangerous drug in violation of section 11911, Health and Safety Code. Defendant pleaded not guilty and pursuant to stipulation the cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing and the exhibits received in evidence at the preliminary hearing subject to the court’s rulings and the right to offer additional evidence. Defendant was found guilty as charged, proceedings were suspended and probation was granted for five years, a part of the terms being that defendant spend the first 360 days in the county jail. A motion for a stay of execution was denied. The notice of appeal was timely filed.

On December 1, 1965, Officer Penn Weldon submitted an affidavit in support of and a petition for a search warrant to the magistrate in the Municipal Court…