People v. Harrington

Opinion

McCOMB, J.

Defendants were charged by information with possession of marijuana for sale (Health & Saf. Code, § 11530.5). They appeal from judgments of conviction of the lesser included offense of possession of marijuana (Health & Saf. Code, § 11530) entered after a trial before a judge without a jury. Defendant Bobbie Harrington was sentenced to state prison, and defendant Marcie Harrington was granted probation.

Facts: On October 7, 1967, about 2:15 p.m., Deputy Sheriff Winkler went to the apartment occupied by defendants. He was in uniform and travelled on a department motorcycle. He…