Sykes

Defendant was found guilty by a jury of possession of heroin, after admitting a prior conviction of a felony narcotic offense for which he was on parole at the time of the trial. He was given a concurrent prison sentence, and appeals from the judgment of conviction.

*158 About 11:30 p.m. of September 16,1964, a police officer saw defendant throw a light-colored small object over a low wall onto a lawn after the officer had shone his flashlight on defendant and asked defendant to come to where the officer was.

The officer found a plastic container filled with heroin at a point on the lawn approximately 6 feet from the point at which defendant was when he made the throwing motion. Having observed defendant’s gait and observed his eyes, the officer was of opinion that defendant was under some intoxicating influence.

The officer arrested defendant and took him to the police station where defendant was given an intoximeter test, to which he made no objection. He was not advised that he might refuse to take the test, nor that he had a right to counsel and to remain silent.

At about 12:30 a.m. of September 17, defendant was examined by Dr. Williams, a police physician. As the result…