Woods

Defendant and one Matthew Green were charged with possession of heroin for sale on or about April 27, 1962, in violation of section 11500.5 of the Health and Safety Code. After numerous continuances, on December 10, 1964, the case was called for trial. A jury trial was waived and the court found defendant guilty. His motion for new trial was withdrawn, probation was denied and he was sentenced to state prison. The sentence was ordered to run concurrently with a sentence in federal court.

On the issue of probable cause for arrest it was stipulated that Officer Frank Northrup was an expert in the field of narcotics investigation and the detection of narcotics sellers and those under the influence of narcotics. Northrup testified that, on April 27, 1962, he, his partner Sergeant Buckner and Agent Brewer of the State Bureau of Narcotics, went to the vicinity of an apartment located at 4270% Leimert Boulevard in Los Angeles. Northrup had received information from an informant the evening before that defendant was dealing in heroin from this apartment. He had received information from this same informant on a prior occasion. (There is no showing however, that the information received…