People v. Porter

Defendant was convicted of a violation of section 11530 of the Health and Safety Code (possession of marijuana) and violation of section 12021 of the Penal Code (possession of a revolver by a convicted felon). He has appealed from the judgment. The sole question presented is the legality of the entry and search by which the marijuana and the revolver were discovered in defendant’s apartment.

The trial was by the court, a jury having been waived. The court found that the defendant had consented to the search, and on that basis received the evidence. Inasmuch as the question is one of fact (see…