People v. Tomita

—This is an appeal from a judgment of conviction of possession of marijuana.

In an information filed in Los Angeles on November 16, 1966, defendant was charged in count 1 with possessing marijuana on October 16, 1966, and in count 2 with possessing marijuana on October 16, 1966, while in the Los Angeles County jail. Defendant was found guilty in a jury trial as charged in count 1 and not guilty of the charge as stated in count 2. Defendant was sentenced to the state prison.

A résumé of some of the facts is as follows: On October 16, 1966, Deputy Sheriff Robert E. Payne was security officer on…