Guidry

J. — Defendant and codefendant, Samuel Wooten, were accused of possession of heroin in violation of Health and Safety Code section 11500. Defendant Guidry pled not guilty. Both defendants waived jury trial; both were found guilty; defendant Guidry’s prior convictions were found not true; a probation report was ordered; motion for new trial was made and denied. Criminal proceedings were adjourned and a petition was filed under Penal Code section 6451 in order that an examination and a hearing could be had on the question of addiction. Probation was denied and defendant was sentenced to state prison for the term prescribed by law. Notice of appeal was filed.

Mrs. Marshall was the manager of a hotel in Huntington Park where defendant and his codefendant rented a room. Part of her function as manager was to furnish linens, room service and clean the rooms. Mrs. Marshall called the police some time prior to March 14, 1964, stating that she had observed a blackened spoon, a needle and a syringe in room 34, the room rented by the defendants. Officer Miller called Mrs. Marshall on March 14th to inquire about the information she had given. Mrs. Marshall repeated the information. She also…