Carey

Defendant was convicted, in a non-jury trial, of unlawfully possessing heroin. His notice of appeal (in propria persona) states, “I hereby appeal.” It will be assumed that he appeals from the judgment and the order denying his motion for a new trial. He contends that the court erred in not requiring the prosecution to disclose the name of an informer.

On March 11, 1958, about 5 p.m., an informer told Officer Stephenson by telephone “that the defendant was on Fifth Street [in Los Angeles] and had been seen in various bars, had considerable heroin in his possession and was selling it on Fifth Street.” The officer had known defendant for more than a year. During the preceding year and a half, the officer had received information from the same informer about 10 times, and the information had been reliable. About 15 minutes after receiving the information on the occasion involved here, Officers Stephenson and Labbey entered the bar portion of the Rose Room on Fifth Street and went to the archway entrance to the café portion of that place. While the officers were entering the café, through the archway, Officer Stephenson saw defendant sitting at the counter and looking toward the…