Goree

Defendant and appellant was charged in count one of an information with violating Health and Safety Code, section 11531; that on April 2, 1959, he sold, furnished and gave away marijuana; and in count two with violating Health and Safety Code, section 11530, on August 8, 1959 (possession of marijuana). He was also charged with prior convictions of a felony (armed robbery and receiving stolen property). He admitted the prior convictions and plead not guilty to the offenses charged. The jury returned a verdict of guilty on both counts.

The evidence at the trial disclosed that James D. Massey, an undercover agent for the sheriff, purchased one marijuana cigarette from defendant on April 2, 1959. This was the offense charged in count one. At the completion of Massey’s undercover investigation, defendant and numerous other persons were arrested August 8, 1959. Defendant was asleep on a porch attached to his mother’s home in Bakersfield when the arresting officers apprehended him. He was asked to put on his clothes and come along with the officers. He did so. At the jail, his clothing was searched and traces of debris were found in his shirt pockets. Analysis of this debris showed it…