Marquez

Appellants Marquez and Valdivia, with two other persons, were jointly charged with possession of heroin for sale (Health & Saf. Code, § 11500.5) and possession of marijuana for sale (Health & Saf. Code, § 11530.5). A jury was waived and, by stipulation, the People’s case was submitted upon the transcript of the preliminary examination. The only witness at the trial was the arresting officer, called by the defense. The court found appellants and their codefendant Walters guilty as charged. The appeals are from the judgments.

The skeleton facts are that on December 15, 1965, Los Angeles police officers, without a warrant, but upon the reports of informers, went to 4639 Gratian Street where, from a distance, they observed men carrying something from a pickup truck into a shed immediately behind the truck. The officers approached and found Marquez, Valdivia and Walters, whom they eventually arrested. In the shed they found 128 kilo blocks of marijuana and 62 grams of heroin.

Legality of the Arrest

Valdivia’s first contention is that his arrest and the subsequent search of the shed were illegal, so that the evidence obtained thereby is inadmissible under the familiar exclusionary…