Lenear

Defendant John Lenear, Jr., and Margaret Lowe were accused of unlawfully possessing heroin. In a jury trial, Lowe was found not guilty, hut no verdict was reached as to Lenear and a mistrial was declared as to him. In a later jury trial he was found guilty. His motion for a new trial was denied and he was sentenced to state prison. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that he was denied a fair trial in that the court erred in receiving certain articles in evidence (milk sugar, box of capsules, eyedropper, and needle). He also asserts that the evidence was insufficient to support the verdict.

On April 26, 1962, Officer Cooper, who had been in the narcotics division of the Los Angeles Police Department for 16 years, was assigned to make an investigation at 5011% South Central Avenue in Los Angeles. He arrived there about 3 p.m., and after he had kept the place under surveillance about 10 minutes, he saw a woman enter the premises. She was Margaret Lowe, known to him as a narcotic addict and prostitute. About 15 minutes thereafter he went to the door and knocked, and after a short period of time defendant Lenear opened…