Castro

Richard Lomeli Castro and codefendant Helen Ann Roberts were accused by an information in count I *725 of illegally possessing heroin and in count II of illegally possessing marijuana. Castro was also charged with a prior felony conviction of burglary. He pleaded not guilty and denied the prior felony conviction.

In a trial to the court the matter was submitted upon the transcript of the preliminary hearing, subject to the right of offering additional evidence. Appellant was represented by counsel, but did not take the stand in his defense. The court determined that he was not guilty of illegally possessing marijuana, but that he was guilty of illegally possessing heroin and of the prior conviction.

Castro gave notice of appeal from the judgment.

There was evidence of the following facts: In the evening of May 3, 1960, H. G-. Virgin, a narcotic officer, received a telephone call from a woman. The caller identified herself as appellant’s sister and reported that she had just come from an apartment located at 908% West Olympic Boulevard, where she had seen her brother, the appellant, placing a white powder from a bowl in some capsules. She declared that appellant had given one of…