Foster

Defendant appeals from the judgment (order granting probation) following his conviction in a trial by the court of possession of marijuana for sale (Health & Saf. Code, § 11530.5).

The facts are as follows: Charter Savings and Loan Association, as the owner of an apartment house located at 336 West Palm, in the City of Compton, employed Richard Manning as an agent to inspect the premises and to collect rents. Manning had keys to all of the apartments. On his visits to the apartment house, he observed that defendant resided in Apartment C and that defendant also had keys to all apartments. There was a manager’s sign on the door of Apartment C.

On June 22, 1965, at about 11 a.m., Manning made one of his visits to the apartment house. Defendant was not on the premises at the time. Manning entered Apartment B to inspect it. The apartment was vacant except for two suitcase-type bags in the bedroom. He had visited this apartment about a month before and there was nothing in it at that time. He opened the bags and found they contained numerous brown paper sacks, sealed with scotch tape, and also what appeared to be bricks wrapped in red paper or cellophane tape. He removed one of the…