Wren

The defendant appeals from a judgment of conviction of the crime of having in his possession a quantity of morphine in violation of the State Poison Act (Stats. 1907, p. 124). Though the offense is a misdemeanor in the first instance, the defendant was informed against and convicted in this case of a felony because of a prior conviction of the same offense. In his application on appeal numerous assignments of error are made, but all of these have been abandoned except the point that the court erred in denying his motion for a return of property which had been taken from his possession and used in evidence against him at the trial and the point that the trial court erred in admitting in evidence the property so taken from the person of the defendant. The motion for the return of the property was made at 9:45 A. M. of the day of the trial and prior to the calling of the case for trial. Assuming that the motion was made at a reasonable time, the point is not to be considered on this appeal, as the motion for the return of the property is an entirely separate proceeding and no part of the cause from which the appeal is taken. (People v. Mayen, 188 Cal. 237 [ 205 Pac. 435 ].)

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