Fuqua

Defendants Manley Fuqua, Kenneth Hendricks, Clement Anderson and Joseph Wilmoth were jointly charged with illegal possession of heroin in violation of Health and Safety Code, section 11500. Defendant Fuqua was also charged with six prior convictions of felony, deféndant Hendricks with one, and defendant Anderson with one. Following a trial by jury, defendants Fuqua and Hendricks were convicted of the offense charged. The jury was unable to agree upon a verdict as to defendants Anderson and Wilmoth. Defendant Fuqua alone appeals from the judgment of conviction.

The evidence may be summarized as follows: About 8 p.m. on February 8, 1962, Officer Taylor told Officers Larkin and Nilan that he had learned from an informant that one Manley “Fuquet” or “Fuquette” was operating a “shooting gallery” in room 14 of the Fenton Hotel. Fuquet was known to the police as a narcotics user. Around 9:30 p.m. on the same evening, Officers Larkin and Nilan went to the Fenton Hotel, knocked upon the door of room 14, and asked if Manley Fuquet was there. When a voice responded “Who’s there?” Larkin replied “A1 Larkin.” The voice then said, “-He is not here; he’s in ... room 15.” The officers then heard…