Rightnour

Defendant appeals from a judgment sentencing him to state prison after he was found guilty by a jury of violation of Health and Safety Code section 11500, possession of narcotics.

On May 16, 1965, a pharmacy in Madera was burglarized and certain narcotics were taken therefrom. The appellant was in the area at that time. His conviction was based on the knowing possession of these narcotics which were subsequently found in a Los Banos hotel room which appellant was occupying as a guest of one Raithel.

Raithel had occupied Room 25 at the Los Banos hotel for approximately two years. He worked as a card dealer for a local club. Appellant, a friend of Raithel’s, visited him on Friday, May 28, 1965, to discuss the possibility of opening up a card room. When appellant arrived he brought none of his clothing or other possessions but did stay overnight. Raithel did not expect appellant to remain in the room thereafter, but testified it was perfectly all right if appellant did so. When Raithel left for work Saturday afternoon, he parted company with appellant, and upon returning from work at about 1 a.m. on Sunday, May 30th, he found a note from appellant stating he had gone to either…