Megliorino

In a court trial defendant was found guilty of possessing marijuana, was sentenced to one year in the Los Angeles County Jail and appeals from the judgment.

The matter was submitted upon the transcript of the preliminary hearing with each side reserving the right to offer additional evidence.

There was evidence of the following facts: On May 9, 1960, Officer Edward J. Sanchez of the Los Angeles Police Department received a memorandum from the Venice Police Division stating that information had been received from one Gloria Jacquez to the effect that her husband, Joseph, was addicted to narcotics and that he was purchasing narcotics from the defendant, Mike Megliorino. Prior to this date, Officer Sanchez had not known Gloria Jacquez.

On May 11, 1960, at approximately 10:30 a. m. Officer Sanchez, accompanied by Sergeant Robert Burkland and Sergeant Merle Walker, went to defendant’s residence. When the officers arrived at the residence it was unoccupied. The front door and the screen door were both open. Sergeant Burkland entered the house and stayed for approximately one-half minute. About 11:30 a. m. Mrs. Connie Megliorino entered the residence. There is conflicting evidence as…