Banks

In a court trial, William Banks was convicted of possessing marijuana and was sentenced to state prison. He appeals from the judgment.

Having received information that narcotic suspects were using the premises at 2835 Edgehill Drive as a “shooting gallery,” Officer Florrne Kennedy of the Los Angeles Police Department went to the location at 1:30 a. m. on December 17, 1957 in the company of two other officers. Officer Starkey went to the front door, Officer Uno to the north side of the house, and Officer Kennedy to the south side of the house. Starkey rang the front doorbell and knocked on the door. A few seconds later, a French door on the south side of the house opened and Kennedy observed the hand of a male Negro throw out a package which struck him on the shoulder; the man was wearing a short-sleeved shirt with a wide brown stripe. Kennedy retrieved the package, opened it and observed what resembled marijuana cigarettes. About 15 seconds later, a package wrapped in tinfoil came through the door and landed at Kennedy’s feet. This package had been thrown by a colored woman; it contained balloons similar to those used by narcotic addicts. Kennedy shouted to Starkey: “They are…