Anderson

Defendant was found guilty of possession of heroin, Health and Safety Code section 11500. He admitted a prior felony conviction under the federal law. He appeals from the judgment and order denying motion for new trial.

On September 19, 1960, at about 9:25 p. m., police officers Hunnel and Janowicz, dressed in civilian clothes, were driving a “plain clothes car” (a 1957 Ford, eggshell color) south bound on Wilmington Street. As they approached the intersection of 115th Street and Wilmington, with their attention drawn to another person, they saw two Negroes standing on the southwest corner of the intersection. As the police stopped the car south of the intersection these two persons moved away from the corner and started running west on 115th Street. Both were male Negroes; no other “mental impression in the way of identification” was obtained at that time by the officers. Officer Janowicz left the vehicle and gave pursuit. He testified that after he got out of the vehicle and reached the corner he saw one of the men running through a gate and south into the side yard of the house on the corner; the other was running west, about half way between the gate and the officer. He…