Acosta

Defendant appeals from a judgment entered after a non jury trial, convicting him of possession of heroin for purpose of sale in violation of section 11500.5 of the Health and Safety Code. We shall recite the essential facts reflected by the record viewed in the light most favorable to the respondent as required by the familiar rule.

On December 27, 1961, Officer John Hanks of the Los Angeles Police Department was informed by an arrestee that a dealer in heroin lived on Calzona Street in Los Angeles and could be called at a stated telephone number. The officer was advised also that this dealer was known as “Jerry” and drove a 1953 blue Plymouth. Officer Hanks checked the telephone number through the telephone company and determined that it was listed in appellant’s name at 1073 Calzona Street. He then checked the identification records of the police department and discovered that appellant had suffered a prior conviction for possession of narcotics. The officer removed the photograph from the file and his informant identified the person pictured therein as the dealer known to him as “Jerry.”

Since Officer Hanks had not previously received information from this particular…