Lama

Defendant Lama was charged with the unlawful possession of heroin in violation of section 11500 of the Health and Safety Code. It was further alleged that defendant had suffered three prior convictions in the years 1941, 1942 and 1949, for violations of the same section or its predecessor, section 11160. Upon arraignment defendant entered a plea of not guilty and denied the prior convictions. He was subsequently rearraigned and admitted each prior conviction. The cause was called for trial and a jury duly sworn. Defendant was found guilty and filed an application for probation. Probation was denied; motion for new trial was also denied. He was sentenced to state prison. Defendant appeals. The record has been augmented to include jury instructions given and refused and those portions'of the argument of counsel which were objected to or assigned as error or misconduct at the time they were made.

On January 17, 1954, at about 10:45 p. m., police arrived at defendant’s apartment, rang the buzzer and were admitted. One Willie Holder was observed sitting on a wall bed. Both defendant and Holder were searched by the officers, but no narcotics were on their persons. After searching both…