People v. Lee

—Defendant was accused of violating section 11530 of the Health and Safety Code (possession of marijuana). In a nonjury trial, he was found guilty of violating section 11556 of the Health and Safety Code (unlawfully being in place where narcotics are used), a lesser and included offense in the offense charged. He appeals from the judgment.

Appellant contends that there was no reasonable cause for his arrest and a search incident thereto; that the evidence does not support the judgment; and that the provisions of section 11556 of the Health and Safety Code are unconstitutional.

It was stipulated…