People v. Gonzales

This is an appeal from a judgment of conviction of a violation of section 11530, Health and Safety Code (possession of narcotics).

In an information filed in Los Angeles County on December 23, 1960, the appellant, with Ralph Carillo Acuna and James Raymond Porter, was charged with the possession of marijuana on or about December 6, 1960. Porter made a motion under section 995 of the Penal Code, which was granted. Like motions were made by the appellant and Acuna. The motions were denied. Appellant pleaded not guilty and trial by jury was waived. Appellant was found guilty as charged and sentence was imposed.

A résumé of some of the facts is as follows: At or about 10:45 p. m. on December 6, 1960, a Monterey Park police officer and his partner saw a 1930 model Ford automobile travelling at a high rate of speed in a 35 mile per hour zone. The Ford ear seemed to weave and its course was erratic. The officers followed the Ford onto the San Bernardino Freeway, where they saw the driver of the Ford ear make unsafe lane changes. They thereupon, by evidencing that they were police officers, caused the Ford to come to a stop. Before the officers arrived at the stopped Ford car they had…