Hamilton

Defendant Stewart and Leroy Hamilton were accused of unlawfully possessing heroin. In a non-jury trial they were convicted. Stewart appeals from the judgment. (There was no motion for a new trial. Probation was denied.)

Appellant contends that the evidence was not sufficient to support the judgment.

Officer Abbot testified that on August 30, 1957, about 5 a.m., he and Officer Ward were in a police car at the intersection of Normandie Avenue and Adams Boulevard in Los Angeles; he (witness) saw Leroy Hamilton, in front of a bar, on the southeast corner of that intersection, and at that time Hamilton was “jumping around and jigging like, very similar to a jitterbug, bouncing around”; the officers stopped and asked him what he was doing; he replied that he was just standing around and had nothing to do; the officers asked him for permission to search him; Hamilton turned all his pockets inside out; they searched him, and he did not have any narcotics; then the officers went across the street to a sandwich stand on the southwest corner of the intersection ; soon thereafter, he (witness) saw defendant Stewart come from the bar (on the southeast corner of the intersection) and saw him…