Wilson

Defendant and his niece, Charlene Peterson, were charged with unlawfully possessing heroin for sale. (Health & Saf. Code, § 11500.5.) In count II, only Charlene Peterson was charged with another violation of the same section. Defendant and the codefendant were convicted but the judgments were reversed on appeal. The matter was set for retrial. Pursuant to Penal Code sections 1539 and 1540, each moved to quash the search warrant which had been issued for a search of Charlene and her residence. After a hearing the motions were denied. Trial was by jury and defendant was found guilty as charged. Defendant's motion for new trial was denied, probation was denied, and defendant was sentenced to prison for the term prescribed by law. He has appealed; we affirm the judgment.

On June 8,1963, at about 4:30 p.m., Officer James Grennan, of the Los Angeles City Police Department, accompanied by four other officers, went to the residence of Charlene Peterson. The officers had a search warrant to search her residence, her person, and her 1962 Ford automobile. The Ford was in the driveway and its path was blocked by a 1960 Chevrolet belonging to defendant. The officer placed the residence under…