Bryant

This case involves an appeal from a judgment of conviction of possessing for sale certain marijuana.

In an information filed in Los Angeles on May 12, 1967, Thomas Charles Bryant, charged as Joe Davis was with Phyllis Landra Jackson charged with having possessed for sale marijuana on April 18, 1967. Each defendant pleaded not guilty. Each defendant was represented by separate counsel *408 and in a nonjury trial each was found guilty as charged. Bryant was sentenced to the state prison, the sentence to run concurrently with other time being or to be served by him. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: At about 8 p.m. on April 18, 1967, Officers Kennedy and Suges answered a radio call and went to an area with reference to a theft which apparently was then taking place. Upon arrival at the designated location the officers were met by Mr. Thomas who stated that he had just observed a male Negro, approximately 5’7” or so in height and wearing a gray suit, removing the left tire from his (Thomas’) girl friend’s car—that further the man was bleeding from one of his hands and that he had been observed to enter the house at the rear of the…