Hirsch

Defendant was charged with possession of heroin for sale (Health & Saf. Code, § 11500.5) and possession of marijuana (Health & Saf. Code, § 11530). Trial was by the court, the People’s case being submitted on the transcript of the preliminary examination. The defense called the People’s witnesses for further cross-examination, and defendant testified, admitting two alleged prior felony convictions (burglary and robbery). He was found guilty as charged, denied probation and sentenced to state prison, the two counts being ordered to run concurrently. This is an appeal from the judgment.

Two issues are raised, (1) the legality of the search which produced the contraband and (2) the voluntariness of defendant’s statements to the police admitting its ownership.

Two deputy sheriffs testified for the People. Deputy Trujillo related that he and his partners, Kennerly and Nelson, were conducting a narcotics investigation of an apartment at 4292 Dennison Street, Los Angeles. At about 7:30 p.m. on November 1, 1965, they “staked-out” the apartment. They had received information a few days before from two separate informants that narcotics were being sold at this apartment. They considered…