Eberhard

Defendant appeals from the judgment rendered upon his conviction of possessing heroin in violation of section 11500 of the Health and Safety Code, and from the order denying his motion for new trial.

He claims (1) the evidence was insufficient to show possession by the defendant because (a) proof that he knew of the existence of this substance, or of the package in which it was found, is lacking, and (b) the manner in which the package was found makes it inherently improbable that there was any possession in the defendant, and (2) the admission of certain evidence deprived defendant of a fair trial and thus violated the due process clause of the Fourteenth Amendment to the United States Constitution.

(1) As to the sufficiency of the evidence, examination of the record compels the conclusion that the verdict finds ample support in the evidence. A brief narrative of the testimony will suffice.

The package was found in a lightwell opposite bathroom windows in the apartment occupied by defendant and one Mildred Johnson. There was no other access to this light-well except from the roof, for the wall of the adjoining house was solid, without a window or other opening and the two…