Sills

Defendant and codefendant Joyce Sukarman were convicted by a jury of violation of section 11500, Health and Safety Code (possession of heroin). Defendant alone appeals from the judgment.

Questions Presented

1. Sufficiency of the evidence (a) as to heroin in defendant’s eyedropper; (b) as to possession.

2. Timeliness of notice of appeal.

Facts

James Kane, a San Francisco motorcycle police officer, while traveling on Fulton Street, observed a man and a woman (defendant and the codefendant) enter the men’s restroom of a service station. He went to the door and found it locked. At his request the attendant opened the door. Entering, Kane saw Joyce standing in the rear of the washroom with an open pocket knife in her hand. Defendant, with a hypodermic needle attached to an eyedropper in his hand, backed up and stepped behind the door. The eyedropper contained a colorless fluid. On the top of the toilet was a rolled up matchbox cover bound with pink thread. In defendant’s overcoat pocket the officer found a measuring spoon, slightly black on the bottom. Plaintiff’s expert testified that these, objects were parts of an addict’s outfit, the spoon being used to warm the heroin…