HERNDON, J.
In an information filed by the district attorney, appellant was accused of violating section 11500 of the Health and Safety Code in that he wilfully and unlawfully had in his possession the narcotic marijuana. After his motion to set aside the information (Pen. Code, § 995) had been denied, appellant entered a plea of "not guilty."
A trial by jury having been duly waived, the parties stipulated
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