People v. Marshall

Defendant was charged by information with possession of marijuana for sale (Health & Saf. Code, §11530.5). He appeals from a judgment of conviction of the lesser included offense of possession of marijuana (Health & Saf. Code, § 11530) entered after a trial by a judge without a jury.

At 7:45 on Sunday evening, October 30, 1966, four police officers in an unmarked police car arrived at a vantage point across the street from defendant’s apartment in Huntington Beach. They sent an informant to purchase marijuana from one Mathews,1 who shared the apartment with defendant. At 8 :15 the informant…