Criswell

A jury found defendants Criswell, Fronte, and La Point guilty of unlawfully possessing heroin (Health & Saf. Code, § 11500), and Criswell of unlawfully possessing marijuana (Health & Saf. Code, § 11530). They were sentenced to state prison. Fronte and La Point appeal from the judgments. Criswell appeals from the judgment and an order denying a new trial.

*472 Criswell and La Point contend the narcotics were obtained as a result of a search incident to an unlawful arrest.

About February 4, 1960, Officer Mullens of the Los Angeles Police Department told Officer Jones he had received a call from a druggist who had stated that persons driving a 1958 Mercury with a Montana license had purchased some powdered milk sugar and capsules at his drugstore. Jones traced the registration of the car to one Bob Schongarth. Jones contacted Schongarth, who told him Fronte had been with him when he purchased the milk sugar and capsules and that Criswell and Fronte were dealing in narcotics. Schongarth pointed out a location on Hart Street as Fronte’s residence. Jones saw Fronte there. On February 12, 1960, Jones arrested Fronte on a charge of being a narcotics addict. Jones testified he believed…