Small

Defendant was convicted, in a non jury trial, of unlawfully possessing heroin. Upon stipulation the case was submitted upon the transcript of the preliminary examination. Defendant did not testify. The information alleged that defendant had been convicted previously of burglary, but no evidence was presented with respect thereto. He was sentenced to imprisonment in the state prison. He appeals from the judgment and from the order denying his motion for a new trial.

Appellant contends that the heroin, received in evidence, was obtained as the result of an unlawful search; that there was no probable cause for the arrest or search; and that the corpus delicti had not been established prior to receiving evidence as to conversations with appellant.

A deputy sheriff, who had two and one-half years’ experience as a member of the narcotic detail of the sheriff’s office of Los Angeles County, and who was qualified as an expert witness with respect to the illegal use of narcotics by narcotic addicts, testified in substance as follows: On November 3, 1959, about 3:45 p. m., while he was riding in an automobile in a parking lot of a food market, he saw the defendant who was walking on the…