Turco

Appellant was charged by an information consisting of two counts, filed by the district attorney of the city and county of San Francisco, with violations of the State Poison Act. The first count referred to the wilful, unlawful and felonious possession of a preparation of heroin. The second related to the wilful, unlawful and felonious possession of cocaine. Trial was had and he was found guilty on both counts. Motion for a new trial was made and denied and appellant was sentenced to San Quentin for the period prescribed by law. This is an appeal from the judgment and order.

It is claimed that there is no evidence in the record to sustain the verdict. The material facts are without conflict. In the month of June, 1929, appellant was seated in an automobile at the intersection of Clay and Leavenworth Streets, in this city and county, reading a paper. While so occupied a large automobile proceeding west on Clay Street passed the car in which appellant was sitting. The driver blew his horn and appellant left his car, carrying a package over his arm, when he was placed under arrest by an inspector of the state board of pharmacy. The package proved to contain nineteen bottles of…