Gambos

An amended information charged defendant with possession of heroin and marijuana. By stipulation the matter was submitted to the trial court on the transcript of the testimony taken at the preliminary hearing. Additional evidence was heard and the court found defendant guilty. He was sentenced to the state prison.

*558 Appellant herein contends (1) there was no probable cause to justify his arrest and (2) the evidence is insufficient to prove possession of narcotics.

Defendant had been under police surveillance for approximately four days; and, on the evening before his arrest, Officer Virgin observed him driving an automobile in which was also riding one Cane jo, whom the officer had arrested on a prior occasion. Defendant stopped the car and Weido, whom Virgin had previously questioned regarding narcotic activities, got into the back seat. He rode two blocks and then got out; and, stopped by the officer, he told him that he had been trying to “score” from both of the men but they were out of “stuff.”

The next evening a man and a woman, to whom Virgin had previously spoken concerning narcotics, drove up to defendant’s house, which the woman entered; and after five minutes, she…