Hale

By information defendant William Thaddeus Hale was charged with possession of marijuana for purposes of sale (Health & Saf. Code, § 11530.5) and defendant Anthony Brian Roller with possession of marijuana (Health & Saf. Code, § 11530). Their motions to set aside the information (Pen. Code, § 995) were denied.

On August 8, 1966, the ease was submitted upon the reporter’s transcript of the preliminary hearing (together with exhibits) with defendants reserving their rights to raise objections to the evidence and with all parties reserving their rights to produce additional evidence. Proceedings were continued to August 31, 1966, and subsequently to September 8, 1966. On the September date, all parties rested without offering any additional evidence. Motions to exclude the real evidence and Hale's post arrest statement were made by the respective defendants and overruled. The court, sitting without a jury, found both defendants guilty as respectively charged in the information.

Motions for new trials were denied. Proceedings were ordered suspended as to both defendants and they were granted probation for respective periods of six years. One condition of defendant Hale’s probation…