People v. Ruiz

The appellant was charged with the possession of a narcotic, to wit, marijuana, in violation of section 11500 of the Health and Safety Code. He was also charged with a prior conviction of burglary. He pleaded not guilty but admitted the prior conviction. A jury found him guilty as charged in the information, and he has appealed from the judgment and from an order denying his motion for a new trial.

The appellant did not put on any evidence and the facts are undisputed. About 2 a.m. on March 18, 1957, two officers of the San Diego Police Department, while on patrol duty, observed a car parked…