Griffen

This is an appeal from a judgment of conviction of possessing marijuana, and an attempted appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on July 20, 1966, defendant Griffen was charged with codefendants Sammie Mosley, Jr., Henry Turner, Jr., and Clifton Perkins with involvement in marijuana transactions. Count I involved Mosley in a transaction which occurred on June 14, 1966, count II had to do with Mosley in a transaction which occurred on June 15, 1966, count III had to do with Mosle3T, Turner and Perkins in a transaction which occurred on June 20,1966, and count IV charged that on June 24, 1966, Mosley, Turner and Griffen offered to furnish marijuana in violation of section 11531, Health and Safety Code. Mosley was charged with a prior felony conviction and Griffen was charged with having been convicted of a violation of section 11530, Health and Safety Code, on about August 12, 1959. Griffen pleaded not guilty and denied the charged prior conviction. It was stipulated that the case in chief be submitted on the reporter ’s transcript of the preliminary examination with both sides reserving the right to offer additional evidence.…