People v. Williams

Defendant admitted three prior felony convictions, including narcotics violations in 1951 and 1955, and was found guilty of possession of heroin by the court sitting without a jury. He appeals from the judgment of conviction and order denying motion for new trial. The purported appeal from the order is dismissed. (Pen. Code, § 1237.)

In the early morning of March 23, 1962, Officers Gibson and Fowler were on patrol in an unmarked police car; at approximately 1:50 a.m they saw defendant walking alone on the public sidewalk in, what appeared to them by his manner and appearance to be, a “stuporous condition” and under the “influence of something.” Gibson recognized him as a person whom he had previously arrested in August 1961 and knew to be a narcotics user. The officers pulled over to the curb “to talk to him about his physical condition.” As they got out of the vehicle and approached defendant, Gibson identified himself as a police officer and Fowler said to defendant: “Police Officer I want to talk to you”; but before they could say more defendant, who appeared to be startled, turned to the right, made a half turn to the left, moved both arms up toward his chest area, turned…