Stout

Defendants were charged in an information in six separate counts with possession of marijuana (Health & Saf. Code, § 11530), transportation of marijuana (Health & Saf. Code, § 11531), possession of forged checks (Pen. Code, § 475), receiving stolen property (Pen. Code, § 496), alteration of serial numbers on firearm (Pen. Code, § 12090) and conspiracy to possess marijuana and to possess forged cheeks (Pen. Code, § 182). As to each count other than the alteration of the firearm (count five) they were also charged with having been armed with a deadly weapon at the time of the commission of the offense. A jury found defendants guilty as charged on all six counts. The court sentenced defendant Stout to state prison for the term provided by law but suspended imposition of sentence upon defendant Culp and granted her probation. Defendants appeal from the judgments. 1

On January 6, 1964 Mrs. MeMeen saw defendant Stout carrying a blue overnight bag and running towards a church under construction in San Jose. He hid the bag behind a dirt pile on the construction site. When Stout gave her no satisfactory explanation for his conduct, Mrs. MeMeen telephoned the police. As she resumed…