HOLBROOK, J.
The defendant, Thomas Peck, was charged with unlawful possession of a narcotic drug (marijuana). MCLA § 335.153 (Stat Ann 1957 Rev § 18.1123).
On February 13, 1969, defendant was driving a motor vehicle owned by a Mrs. Litwin, whose son, Robert, was a rear seat passenger. State police stopped the vehicle for excessive speed.
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