Hastings

Defendant was convicted by the court of possession of heroin (Health & Saf. Code, § 11500). This is an appeal from the judgment.

Officers Comacho and Dismukes of the Los Angeles Police Department were told by members of the Santa Ana Police Department that they had information defendant and a Marilyn Sprague were dealing in heroin from an apartment located at 3820% Griffin, Los Angeles. An outstanding felony warrant existed for Sprague’s arrest. They were also told that defendant was usually armed and would fight if given the chance. After receiving this information on January 25, 1965, the two officers staked out 3820% Griffin. They went there intending to arrest Sprague and, while at it, to investigate *193 the report defendant was dealing in narcotics. From his vantage point, at about 8:30 p.m. Comaeho observed defendant come out and stand for a short time in front of the apartment. He recognized defendant from a photograph he had obtained. At approximately 10:15 p.m. Marilyn Sprague and a Jerry Modder drove up and parked in a parking area at the rear of the apartment. The officers walked over to their car and, after talking with them, placed them both under arrest. Modder was…