Quinn

Defendant Quinn and Anita Woien were accused of unlawfully possessing heroin. In a non jury trial Quinn was convicted, and Woien was acquitted. Quinn appeals from the judgment and sentence.

Appellant contends that the court erred in receiving certain evidence (including heroin) in that it was obtained by illegal search and seizure.

Upon stipulation, the People’s case in chief was submitted upon the transcript of the preliminary examination. Certain exhibits for identification (Nos. 1, 2, 3, 4, 5), referred to in the preliminary transcript, were offered in evidence at the trial. Those exhibits included 10 capsules of heroin, a rubber finger-stall, spoon, eye dropper, and needle. Defendants objected (at the preliminary examination and the trial) to the offer of said exhibits in evidence on the ground that they were obtained by illegal search and seizure. The objection was overruled. The defendants did not testify at the preliminary examination or the trial, and no testimony was offered on behalf of either of them.

On June 22, 1960, about 2 p. m., Officer Ervin went to an apartment house at 1242 South Menlo Avenue in Los Angeles in response to a radio call regarding a disturbance.…