People v. Duke

a violation of section 11530 of the Health and Safety Code (possession of marijuana). Defendant was found guilty after a court trial, a jury having been waived. He was sentenced to the state prison for the term prescribed by law. This appeal follows.

The record, considered in the light most supportive of the conviction (People v. Flummerfelt, 153 Cal.App.2d 104, 105-106 [313 P.2d 912]) but nonetheless also taken subject to certain prosecution concessions elicited by the defense, shows the facts to be as follows: Officer Stephens and his partner, patrolling in a police vehicle, observed…