Janisse

In an information filed by the district attorney of Los Angeles County, defendant was charged with illegal possession of marijuana in violation of section 11530, Health and Safety Code. Two prior narcotic laws offenses were alleged, including violations of section 11500 and 11714 of the Health and Safety Code. Defendant pleaded not guilty and denied the priors. Trial was by the court, trial by jury having been duly waived by defendant and by all counsel. Defendant was found guilty as charged. Both priors as alleged were found to be true. A probation report was ordered. Defendant’s motion for a new trial was denied; probation was denied and defendant was sentenced to state prison for the term prescribed by law. The sentence was ordered to run concurrently with any other sentence being served.

A résumé of the facts is as follows:

On or about the 8th of May 1961, about midnight, defendant entered Better Foods Market at 306 East Florence Avenue, Los Angeles, as a customer. George Surber, an off-duty officer of Los Angeles Police Department (also employed as a security officer at the market), observed defendant walk into the market, obtain a loaf of bread and a package of lunch meat;…