Collins

Defendant was charged by information with possession of marijuana (Health & Saf. Code, § 11530). He pleaded not guilty, waived a trial by jury, and stipulated to a submission of the case upon the testimony contained in the transcript of the preliminary hearing. The court found defendant guilty and denied his motion for new trial. Criminal proceedings were then adjourned so that a civil proceeding *300 might he undertaken for defendant’s commitment as an addict under Penal Code section 6451 (now Welf. & Inst. Code, § 3051). Defendant appeals from the order denying his motion for new trial (Pen. Code, § 1237, subd. 2).

The sole contention made here by defendant is that the evidence of his guilt was obtained by an illegal search of his person, and for that reason it should have been excluded.

The case rests entirely upon the testimony of one police officer and a stipulation that a cigarette found by the officer in defendant’s pocket contained marijuana.

On the evening of September 19, 1964, undercover agents of the police met with a man named Tanaka, who agreed to make a delivery of marijuana at Silverado Park about 10:30 p.m. At the appointed time and place an undercover officer…