California Supreme Court May 6, 1969, Crim. No. 12971 (People v. Francis)

lead-opinion

BURKE, J.

An information was filed charging Gary Dale *70Francis with selling and giving away marijuana (Health & Saf. Code, § 11531. )1 A jury trial was waived, and the ease was submitted on the preliminary hearing transcript. The court found Francis guilty of possession of marijuana (Health & Saf. Code, § 11530), which the court determined to be "a lesser offense than that charged .