Toms

Appellants were charged with violating section 11500 of the Health and Safety Code, a felony, in that on or about November 5, 1957, in Tulare County, they unlawfully had in their possession a quantity of heroin. They entered pleas of not guilty and trial was had before a jury which found them guilty as charged in the information. Motions for new trial and applications for probation were denied. Appellant Toms was sentenced to the state’s prison at Vacaville and appellant Moore was sentenced to the state’s prison at Corona. This appeal is from the judgments of conviction and from the order denying motions for new trial.

At about 11 a. m. on November 5, 1957, appellants were traveling south on Highway 99 when they were stopped by a highway patrol officer for speeding. Appellant Toms was driving and was given a citation. At about 1 p. m. on the same day another highway patrolman (Morton E. Camp), while patroling the highway in Tulare County, copied an all points radio broadcast concerning the Oldsmobile in which appellants were riding. He observed the Oldsmobile and pulled out after it. The Oldsmobile increased its speed to 80 miles per hour and passed several other ears. The…