Chilton

Defendant appeals from a judgment of conviction of possessing marijuana (Health & Saf. Code, § 11530), by which he was sentenced to prison for the term prescribed by law.

For more than 30 days prior to October 2, 1964, defendant had been living in the City of Garden Grove in Orange County. He was subject to the requirements of section 11850, Health and Safety Code, for a prior offense involving the use or possession of narcotics but had not registered with the chief of police as required by that section. He was living in a two-story apartment building which had been under prior occasional observation by the police since September 24.

Officer Nourse obtained a warrant for the arrest of defendant for violation of section 11850, Health and Safety Code, on October 2; the warrant was endorsed for service at night; in the evening Officer Nourse and his partner, Roth, went to defendant’s apartment where they observed about 50 people between the ages of 17 and 25 years going into and coming out of the apartment and congregating on the front lawn and steps; the outside door of the apartment was open. Many of the crowd, most of whom were of high school age, held bottles and cans of beer;…