Roybal v. People

Opinion by

Mr. Justice Kelley.

Roybal is here on a writ of error challenging his conviction for possession of cannabis, commonly known as marijuana, in violation of C.R.S. ’53, 48-6-2, and C.R.S. ’53, 48-6-20 (third offense). He was sentenced to the Colorado penitentiary for a period of not less than seven years nor more than ten years.

Three grounds for reversal are assigned by Roybal. Two of the assignments relate to the denial of his motion to suppress evidence on the basis of unlawful search and seizure, and the third relates to an instruction given by the court subsequent to the submission…