Walker

The defendant, appellant herein, was charged with possession of marijuana, a violation of section *554 11530 of the Health and Safety Code; waived a jury trial; submitted his case, by stipulation of all parties, upon the evidence introduced at his preliminary hearing; was found guilty; was sentenced to imprisonment in the state prison; and appeals from the judgment so entered upon the sole ground that his conviction is not supported by legal evidence, in that the only proof thereof was a marijuana cigarette taken from his person without a search warrant and in violation of the constitutional prohibition against unlawful search and seizure. (People v. Cahan, 44 Cal.2d 434 [ 282 P.2d 905 , 50 A.L.R.2d 513 ].)

On the night of March 23, 1961, an automobile driven by the defendant collided with another automobile parked adjacent to the curbing of a street. This accident followed an erratic course of driving involving near collisions with three other automobiles, the running of a stop sign, and going from one side of the road to the other. After the collision the defendant stopped; alighted from his car; and went to the rear of the car that had been struck. Following a call to the…