Braden

This is an appeal from a judgment of conviction of possessing marijuana.

In an information filed in Los Angeles on May 4, 1967, defendant was charged with having possessed marijuana on April 13, 1967. Defendant pleaded not guilty and in a jury trial was found guilty as charged. Proceedings were suspended, probation was granted for two years, a part of the terms being that he spend 96 days in jail (the time from the date of arrest to date of disposition), that he obey the laws, etc., and that he be released forthwith. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: on April 13, 1967, at about 11 a.m. Officer Smith of the Beverly Hills Police Department arrested Theodore Von Fischer in a bank on Wilshire Boulevard in Beverly Hills on a charge of forgery. At the police station, the police found some packaged marijuana in Von Fischer’s billfold. The police ascertained that Von Fischer went under the name of Clemente Nava Mena, Jr., and that he resided in an apartment located at 2017 North Argyle in Los Angeles. Von Fischer reportedly indicated that there could be some more marijuana in the apartment. It was ascertained that although there might be…