Gurrola

Albert Gurrola was convicted by a jury of driving a vehicle upon a public highway while under the influence of narcotics (Veh. Code, § 23105) and of transportation of a narcotic (heroin) (Health & Saf. Code, §11501). He has appealed from the judgment, the sentence, and from the order of the court denying his motion for a new trial. The sentence and the order being nonappealable the purported appeal therefrom is hereby dismissed.

Appellant makes a number of contentions but before discussing them we shall give a brief summary of the evidence as shown by the record.

About 6 p.m. on the evening of July 5, 1962, Officer Richard Henry Marty of the California Highway Patrol saw a 1956 Buick automobile being driven in an erratic manner on El Camino Avenue in Sacramento County. After a short pursuit the driver of the Buick, appellant Albert Gurrola, stopped his car. Gurrola appeared to be extremely nervous. He had not been drinking. The officer called for other police officers to come to his assistance. After the other officers arrived the Buick automobile was searched with Gurrola’s consent. A brown paper bag was found under the front seat of the ear. It contained 17 rubber balloons and…