Robles

A jury convicted defendant of unlawfully possessing heroin. He was sentenced to state prison. He appeals from the judgment and order denying a new trial.

On May 7, 1959, Deputy Sheriff Austin, accompanied by Deputies Sells, Wilson, Miller, and Peterson, drove to the vicinity of defendant’s home in east Los Angeles. Before reaching defendant’s home, Austin left the car and walked past the house. Defendant was in the front yard. When Austin was three or four feet from defendant he (Austin) saw old scar tissue on defendant’s inner left elbow and fresh puncture wounds over the vein inside the old scar tissue. Austin formed the opinion defendant had been using narcotics illegally, and returned to the ear.

The officers then drove to the front of defendant’s house. As they approached, defendant was still in the front yard. He turned to face the car. As he faced the car, he made an underhand throwing motion with his right hand. Officer Sells saw an object fly out of defendant’s hand and into the yard next door. Defendant then stooped next to a picket fence which separated the two yards. The officers alighted from the car and approached defendant. As they did so Austin again saw the old…