Thomas

This is an appeal from a judgment of conviction of unlawful possession of the narcotic heroin (violation of Health & Saf. Code, § 11500).

Facts

On June 29, 1961, at 9 or 9 :30 a. m. Officers Ramirez and Weaver sought defendant for the purpose of serving a misdemeanor warrant. After a search of several hours, including a visit to defendant’s home at 308 Villa Street in El Centro, they traced him to Calexico, then back to El Centro and there observed his truck parked near a café. Circling the area, coming back and finding the truck gone, about midafternoon they went again to defendant’s home and found his truck parked there. After knocking on the door and repeatedly calling to defendant without answer, and seeing through the screen door what appeared to Ramirez (from knowledge gained through five or six years schooling and experience in narcotics law enforcement) to be evidence of preparations for narcotics use by some one, the officers entered the house searching, for defendant. After entry they heard the sound of movement in the back part of the house, called again, and saw defendant in the hallway. Defendant was placed under arrest on the warrant and then questioned about the…