Sedacca

Appellant was charged with two counts of possession of narcotics: Count I, alleged violation of Health and Safety Code, section 11530 (marijuana) and Count II, violation of Health and Safety Code, section 11500 (peyote). A jury found appellant guilt on Count I and not guilty on Count II. He appeals from the judgment and from the order denying his motion for a new trial.

On April 9, 1963, Guy M. Walker, a special investigator for the Division of Investigation, Professional and Vocational Standards, State of California, in the company of two Los Angeles police officers, went to appellant’s residence to serve an arrest warrant. Appellant answered the officers’ knock and admitted them to the premises when the arrest warrant was shown to him. Appellant was then placed under arrest and a search was made of the premises. The search uncovered a box containing marijuana hidden in a hallway linen closet.

Another cardboard box containing peyote and other drugs was found in a hallway closet.

During the search one of the police officers was assigned the role of watching appellant. This officer testified that after the box containing the marijuana was discovered in the linen closet, it was…