People v. Courtney

Opinion

ELKINGTON, J.

Defendant Jack Courtney was convicted of the offense of possession of marijuana (Health & Saf. Code, § 11530) following a court trial. Imposition of judgment and sentence was suspended and he was placed on probation. His appeal from the “judgment” will be treated as an appeal from the order granting probation. (See Pen. Code, § 1237, subd. 1.)

Courtney’s first contention is that the narcotic evidence upon which his conviction was based was the product of a Fourth Amendment violation— an illegal “stop and frisk” or at least the threat of such illegal conduct.

George Bruschi…