Gomez

Defendant appeals from a judgment convicting him of possession of heroin (Health & Saf. Code, § 11500). The case was submitted to the superior court on the transcript of the preliminary examination proceedings. The main contention on appeal is that the heroin was illegally obtained from defendant’s person. The facts follow.

Defendant was moved by ambulance from a parked auto to the emergency hospital. He was unconscious, there was froth on his mouth, and he appeared to be having convulsions.

At the hospital efforts were made to restore defendant’s breathing, which had stopped three or four times. While the doctor and the nurse were engaged in treating the defendant, the ambulance driver, who was also a police officer, went through defendant’s pockets. He testified that he did this because “we were attempting to find out who he was and what might be wrong with him. ’ ’ After learning defendant’s identity from the contents of his wallet, the officer looked into defendant’s left front shirt pocket and found a folded paper wrapped in tinfoil. He testified that it appeared to him to be a “bindle.” Upon later analysis the contents of the paper proved to be heroin.

The officer showed…