Hunt

Defendant Hunt appeals from a conviction of violating section 12021 of the Penal Code (former felon’s possession of eoncealable weapon) upon an information charging him with that offense and setting forth his alleged prior felony convictions. Hunt pleaded not guilty, denied the prior felonies and waived jury trial. He was found guilty. His motion for a new trial was denied, and he was sentenced to the county jail for the time he had already served. The sole question presented upon appeal is the legality of the search and seizure without a warrant which produced the only evidence of possession subsequently introduced, over objection, at the time of trial.

Summary of the Evidence

On May 8, 1965, at 8 o ’clock in the morning Deputy Sheriff Hipp, while sitting in his radio ear, saw two men, Plunt and

Porter, standing and talking with one another in the alley-bordering a service station. The two men walked over to the service station attendant, Ebbanezer, then walked away from the attendant in opposite directions from each other. Hipp approached Ebbanezer and asked him if he knew the two men and what they were doing there. Ebbanezer replied that he did not know them, and “I was just…