Pompa

Convicted in a non jury trial of illegal possession of narcotics, appellant brings this appeal from the judgment and from the order denying his motion for a new trial. The questions presented on this appeal are: (1) whether the evidence was sufficient to support the judgment, and (2) whether the court erred (a) in the receipt of evidence, (b) in denying appellant the right to inquire into the validity of a search warrant, and (e) in permitting the district attorney to reopen the direct examination of a witness for the prosecution in order to establish probable cause for appellant’s arrest, regardless of the validity of the search warrant. We conclude that the judgment is well supported and that no prejudicial error has been shown.

The sufficiency of the evidence to show probable cause for appellant’s arrest and to support the judgment will be shown by a short résumé of the uncontradicted testimony adduced at the trial. In July of 1958, a deputy assigned to the narcotics detail met one Frankie who went to the front entrance of appellant’s house and, after speaking with a male person who emerged therefrom, returned and sold the deputy some marijuana. In the following October, the…