Beachem

Defendant was charged with possession of heroin in violation of Health & Safety Code, section 11500, and with two prior convictions which were admitted. Defendant was tried and found guilty by the court, and sentenced to prison for the time prescribed by law.

At approximately 6 :45 p.m. on October 11, 1962, San Diego Police Officer Myrann was in a parked police car and saw defendant approach the door of his apartment. As Myrann was getting out of the car, defendant glanced in his direction and broke into a run. He ran down an alley or walkway area between two buildings and vanished from Officer Myrann’s sight. Officer Suffieool, who was riding in a second police ear, saw defendant in a laundromat making a telephone call at approximately 7 p.m. Suffieool circled the block, and observed defendant running, first toward the police car, but when he appeared to see it, he changed direction. Suffieool apprehended defendant and after making a cursory examination of his arms, returned him to the place where Officer Myrann was waiting. A more thorough examination revealed approximately six fresh needle marks on defendant’s arms. The pupils of his eyes were contracted and showed little…