Almond

Plaintiff was charged, by information, with a violation of section 11530 of the Health and Safety Code (possession of marijuana), with two prior felony convictions. He pled not guilty, trial by jury was duly waived and the matter was submitted on the transcript of the preliminary examination. He was found guilty as charged, the priors were stricken on motion of the People, probation was denied and a state prison sentence was imposed. He has appealed.

Two deputy sheriffs were advised, by a citizen, that a man was asleep in a parked car. At about 7:30 p.m., on July 4, 1964—it still being light—the officers arrived at the scene. The car was legally parked, and defendant was sleeping on the front seat, leaning against the right front door, the window of which was open. One officer touched him and spoke to him. Defendant awoke. In the officer’s words, “When I woke him up he looked at me and moved to the other side of the car very fast, to the driver’s side; then back to my side, and then back to the driver’s side again, and began reaching under the seat. ’ ’

Defendant was ordered out of the car and a cursory search for weapons was made. His face was flushed and he staggered and…