Gomez

By an information filed October 17, 1961, defendant was charged with a violation of section 11500, Health and Safety Code (possession of heroin). Defendant, who was represented by counsel, pleaded not guilty and a jury trial was waived.

The trial court found defendant guilty and a probation officer’s report was ordered. Defendant’s motions for a new trial and for probation were denied, and he was sentenced to the state prison for the term prescribed by law. Defendant appeals from the judgment and from the order denying his motion for a new trial.

Officer Dismukes testified that he had been a police officer of the City of Los Angeles for over 12 years. For seven years he had been assigned to the narcotics division. In the early hours of the morning of September 25, 1961, he and his *189 partner, Sergeant McMillan, were on duty. They were in plain clothes and riding in an unmarked police vehicle proceeding in a northerly direction in the 700 block of North Broadway. This was an area of bars and stores; an area “known for a lot of narcotics activity.”

At this time the officers observed defendant walking on the east side of the street also heading north. Defendant kept looking back…