Lewis

The appeals by defendant in this case are from “the judgment and sentence and the denial of his motion for a new trial” in two separate cases, each involving a charge of possessing a narcotic (marijuana).

In our case No. 8181 the defendant, on March 14, 1960, was charged in Los Angeles County in an information with possessing a narcotic. He was found guilty as charged on April 27, 1960. On May 18, 1960, the proceedings were suspended and defendant was granted probation for three years. A part of the terms of the probation were that the defendant obey all laws.

In our case numbered 8182 the defendant was charged in an information filed in Los Angeles County on May 25, 1961, with possessing a narcotic (marijuana). It was further charged that the defendant had suffered a prior conviction of violating the provisions of section 11530, Health and Safety Code, on April 27, 1960. Defendant pleaded not guilty and denied the prior conviction. The cause was submitted upon the transcript of the testimony taken at the preliminary hearing and other evidence. Defendant was found guilty as charged and the charge of a prior conviction was found to be true. On November 14, 1961, sentence was…