Gerald L. Wainwright v. Raymond K. Procunier, Director of Corrections, State of California,defendant-Appellee

Following a nonjury trial, appellant was convicted on June 22, 1967, in the Superior Court of the State of California, in and for the County of Alameda, of possessing a narcotic (codeine) in violation of the Health and Safety Code of the State of California, § 11500, and was committed to prison for the term prescribed by law.

By stipulation the case was submitted for decision, to the court, on the transcript of the preliminary hearing. During the course of the preliminary examination, and on the trial, the fruits of the search of appellant’s person and the truck in which he was a passenger…