Foster

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of violation of Health and Safety Code section 11500 (possession of heroin). Defendant contends that the trial court erred in not instructing op its own motion on the issue of voluntary intoxication and in its comment upon the evidence. He also contends that the arresting officers violated his Fourth Amendment rights. We find none of these contentions to be meritorious.

At approximately 3 p.m. on May 5, 1969, Inspector Martin of the San Francisco police narcotic unit, and three other inspectors, arrived at a “multi-story apartment house” at 745 Fillmore Street. Martin testified that their purpose in going to the premises was to pursue a “narcotic investigation.” The four officers entered through the main door of the apartment building and proceeded to apartment number 102. Martin stood outside the apartment door for approximately 15 minutes “listening or trying to determine words of conversation emitting from the premises.” He could hear male and female voices inside, but could not determine what was being said. At one point he did hear someone use the term “two-hundred-dollar bag.” Based on…