Manning

Defendant was charged by information in Count I with possession of marijuana, in violation of section 11530 of the Health and Safety Code; and, in Count II, with illegal possession of a dangerous weapon, in violation of section 12020 of the Penal Code. The second count was dismissed pursuant to a motion under section 995 of the Penal Code. Defendant pled not guilty to the narcotic count; trial by jury was duly waived; and he was found guilty. Proceedings were suspended and he was placed on probation for five years. He has appealed “the judgment of conviction . . . and the (Suspended) sentence imposed thereon.” We regard this as the permissible appeal from the order granting probation under subdivision 1 of section 1237 of the Penal Code.

The arresting officers were advised, by a woman, recently admitted as a prisoner to the county jail, that defendant (known to one of them as involved in narcotics) had a supply of narcotics in a closet situated near the elevator on the third floor of the apartment house wherein he resided. It is not contended that this informant was “reliable” as that term is used in cases involving the issue of probable cause.

The officers, acting on this tip,…