Valdez

Defendant was convicted of possession of marijuana in-violation of Health and Safety Code section 11530. By stipulation the case was submitted to the court upon the transcript of the preliminary examination and the testimony of the defendant. This appeal is from the judgment.

I. Evidence

The evidence tending to support the judgment will be stated in accordance with the established rule of appellate review. (People v. Hills, 30 Cal.2d 694, 700 [ 185 P.2d 11 ].)

Deputy Sheriffs Barlow and Secor first observed defendant on July 27, 1964, at approximately 4:30 or 5 p.m. He was seated in his automobile which was stopped in the middle of Eastern Avenue, 8 or 10 feet from the right-hand curb, and he was changing his shirt. Traffic was backed up for half a block. When the signal changed for the second time, the deputies drove alongside defendant’s car and told him to move it out of the street. Defendant remained in the same location, however, and continued to remove his shirt.

The deputies proceeded to the intersection and drove into a gas station. Defendant then drove his car into the same gas station, stopping at a pole with a water line and air hose. The deputies approached…