Goree

By information defendant was charged with possession of marijuana on June 24, 1964. A jury found him guilty as charged, probation was denied and he was sentenced to state prison. This appeal followed.

Defendant attacks the sufficiency of the evidence and claims prejudicial error in the refusal of the trial court to give certain instructions requested by him.

The facts of the case are unusual. On June 24, 1964, defendant was due to appear in another matter in department 110 of the Los Angeles County Superior Court. 1 He entered the .courtroom at 11:40 a.m. sat down, removed his shoes and appeared to go to sleep. Deputy Sheriff Nygaard, the bailiff in the courtroom, had a bench warrant for defendant’s arrest in his possession. He approached defendant, asked him for his name, and having ascertained that he was the person named in the bench warrant, placed him under arrest and put him into the holding tank adjoining the courtroom which was empty at the time. He did not search him. Defendant was carrying a small plastic overnight bag which was left in the courtroom.

Defendant’s gait was staggering, he was incoherent in his speech and did not have any alcohol on his breath. Deputy…