People v. Ouellette

Defendant was charged with possession of marijuana; moved to suppress evidence, i.e., marijuana he alleges was the product of an unlawful search and seizure, which was denied; was found guilty by the court without a jury; moves for a new trial, which was denied; and appealed pursuant to the provisions of former Penal Code section 1237, subdivision 2, contending the denial of his motion to suppress evidence was error.

On the afternoon of June 4, 1967, a member of the Navy Shore Patrol named Shank saw defendant Ouelette and his codefendant, Hewitt, at the corner of Third and Broadway, in San…