Glasgow

After a trial by jury, defendant was found guilty of a violation of section 11530.5 of the Health and Safety Code (possession of marijuana for sale). He appeals from the judgment.

On March 6,1968, at approximately 2:48 a.m., Officer Cahill, a Stockton police officer on patrol, observed defendant’s car going in the opposite direction with his high beams on. Defendant dimmed his lights and made a left turn onto Lincoln Street. Apparently for no particular reason, Cahill

*418 also turned onto Lincoln behind defendant. He observed that defendant’s muffler system was inadequate and that the license plate light was not functioning.

Defendant stopped at a stop sign one block north at Lincoln and 8 th Streets. As Cahill pulled up behind defendant’s car he noticed that defendant was “slouched down” in the seat. Thinking that the driver was “a juvenile out at a late hour,” Cahill continued to follow him.

After negotiating several more turns defendant proceeded to 7th Street, where he drove past a house on the corner to a second house and pulled into the driveway. He then alighted from the car and walked back toward the corner house. Officer Cahill was observing defendant from…