People v. Stewart

McMURRAY, J. pro tem. *

After plea of not guilty to an information charging defendant with one count of possessing a narcotic, marijuana, in violation of section 11530 of the Health and Safety Code, a felony, the defendant waived jury trial and stipulated that the cause be submitted on the testimony contained in the transcript for the proceedings had at the preliminary hearing subject to the trial court’s rulings. Objection was made as to the admissibility of the physical evidence on the ground that it was the result of an unlawful search and seizure. This objection was overruled and the trial…