Duarte

Defendant was charged with possession of heroin (§ 11500, Health & Saf. Code) and a prior federal narcotic felony conviction. The matter was submitted to the trial court on the transcript of the testimony taken at the preliminary hearing. No additional evidence was offered and defendant did not testify. He was found guilty as charged and the prior conviction found to be true. Defendant appeals from the judgment.

Deputies Trujillo and Kennerly were assigned to the narcotic detail; Deputy Trujillo had been a narcotic officer for approximately seven years and had participated in several hundred arrests involving narcotics and their illegal use. Around 7 p.m. on May 10, 1965, the deputies went to a residence on South Cíela with a warrant of arrest for a violation of parole on a narcotics conviction for one Lopez; Lopez’ car was parked in front. After being told by his mother that Lopez was not home, the deputies left, returning about *28 7:40 p.m.; the car was gone so they cruised around the area and finally found it parked near the intersection of Olympic and Woods. Defendant’s wife was on the driver’s side; defendant was seated on the passenger side. Deputy Trujillo knew defendant;…