People v. Stafford

Charged with possession of marijuana for sale (Health & Saf. Code, § 11530.5), defendant was found guilty by a jury of the lesser included offense of possession of marijuana (Health & Saf. Code, § 11530). He appeals from the ensuing judgment.

Appellant contends that the marijuana admitted into evidence was the product of an illegal search and seizure by police. At about 10 p.m., a police officer talked to one Bathea on an Oakland street corner about three marijuana cigarettes lying on the sidewalk nearby. Bathea denied knowledge of the cigarettes, but consented to go to police headquarters to…