Perez

Phillip Garcia Perez and his sometime mistress, Lydia Garcia Reyes, were jointly informed against for violation of section 11500 of the Health and Safety Code *290 in that on or about December 1, 1965, “they did wilfully and unlawfully have in their possession narcotics, to wit: Heroin, without the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this State. ’ ’ Lydia Garcia Reyes pleaded guilty to the charge; this appeal, therefore, concerns only Phillip Garcia Perez.

Mr. Perez was represented during the trial by an appointed attorney. His later request for appellate counsel was also granted, and Wallace Quinlisk was named to represent him; that attorney was later relieved, upon Ms request, from Ms duty to act further for the appellant, and Mr. Perez filed a comprehensive and able brief; thereafter, at the further request of the defendant for an attorney, W. J. McDermott was appointed to represent him and made an extensive oral argument in his behalf.

The appellant contends:

In weighing the contention that the evidence did not warrant the verdict, it should be noted at the outset that important elements of testimony given by law…