Dickenson

A jury found defendant guilty of possession of a narcotic, violation of section 11500 of Health and Safety Code. He admitted a prior conviction for possession of narcotics. Defendant’s motion for a new trial was denied; he was sentenced to the state prison; and this appeal from the judgment and from the order denying motion for a new trial followed. The motion for a new trial was filed subsequent to September 15, 1961, the effective date of the amendment to Penal Code section 1237 abolishing appeal from an order denying a motion for a new trial in a criminal case, except in certain special circumstances which are not applicable here. Thus the appeal from the order denying motion for a new trial must be dismissed, as it was taken from a nonappealable order.

Preceding defendant’s arrest, Sergeant Dodge, a San Diego Police Officer, received information from a federal guard at the Mexican border that an unidentified informer reported that two white males had obtained a quantity of heroin in Mexico, crossed the border with it and were proceeding toward San Diego in a bluish MG roadster bearing license number PUG 319.

Sergeant Dodge picked up Officer Wilson and they drove in Dodge’s…