People v. Mateo

Defendant together with Velasquez and Carillo were convicted by a jury of two counts of violation of Health and Safety Code, section 11500, (1) possession of marijuana, (2) sale of marijuana, on the same day. Defendant admitted a prior narcotics conviction. Defendant appeals from the judgment of conviction and the order denying new trial.

Questions Presented

1. Sufficiency of the evidence: (a) possession, (b) sale.

2. Alleged unlawful search and' seizure.

3. Legality of conviction on both counts.

4. Was there a variance between indictment and proof?

Evidence

Inspector MeBee of the State Narcotics…