Barnett

Margaret Jonnie Barnett and Donald C. Flannes were accused, in two counts, of violating section 11500 of the Health and Safety Code in that they unlawfully had in their possession heroin (Count I) and marihuana (Count II). In a non jury trial they were adjudged guilty as charged. Flannes appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the court erred in overruling his objection to the offer in evidence of Exhibits 1 and 2, the heroin and marihuana, and erred in denying his motion to suppress that evidence. His argument is that the evidence was obtained by unlawful search and seizure.

Officer Nichols, a deputy sheriff assigned to the narcotics detail, testified that on October 9, 1956, about 11 a. m., he received information from a confidential informant that the defendants were in possession of a large quantity of marihuana and heroin and they were about to leave apartment 208 at 147 South Normandie Avenue, Los Angeles, the afternoon of that day; he (witness) had received information from that informer on two prior occasions regarding the sale of narcotics ; those occasions were within a month preceding the arrest in the…