Roberts

Defendant appeals from judgment of conviction, after jury trial, of violation of section 11500, Health and Safety Code (possession of herein).

The sole question presented is the sufficiency of the evidence.

Record.

On March 29, 1963, at approximately 8:30 p.m. a narcotics agent was situated at California and Bancroft Streets in Berkeley, California. He had the house at 2249 Spaulding Street under surveillance. He and other officers were waiting for one Harrington who lived there, to appear. They were going to serve a search warrant “on his person.” An automobile arrived and parked on California Street south of Bancroft about a block from the house, although there were empty parking spaces in front of the house. It appeared to the agent that it was occupied by two men. The driver of the car, one Perry, emerged and entered the rear of 2249 Spaulding Street. A few minutes later, he emerged from the house, returned to the vehicle and drove off followed by the agent. The driver of the car, when walking to and from the house, kept looking over his shoulder and around the area.

The narcotics agent continued following the car intending to talk to the occupants at the first opportunity…