White

Frank William White, Todd Conover and Harry Hanick were charged with the possession of narcotics in violation of section 11500 of the Health and Safety Code. Conover and Hanick pleaded guilty. Thereafter White was tried by a jury and found guilty. He has appealed, claiming that the trial court erred in failing on its own motion to instruct the jury that certain hearsay testimony was admitted for a limited purpose, that the prosecuting attorney was guilty of misconduct in commenting on the hearsay testimony, and that the judgment of conviction is not supported by the evidence.

Hanick, a known user of narcotics, was followed by police officers to an apartment which was shared by appellant and Conover. The officers questioned Hanick as he left the apart ment house, and he was arrested after admitting he had narcotics in his possession. Conover, who was also arrested as he left the building, directed the officers to a potted plant in his bedroom where they found equipment ordinarily used in administering narcotics and to a watch box on his dresser where the officers found a capsule of heroin. Appellant was arrested several hours later when he returned from work. The officers informed…