Huguez

After a court trial defendant was convicted of the offense of possession of heroin for sale, in violation of Health and Safety Code section 11500.5. He is appealing from the judgment.

Narcotics officers had been conducting an investigation of defendant for at least 30 days prior to his arrest on September 30,1963. At about 10:55 a.m. on that date Sergeant Pesler of the narcotics division of the Los Angeles Police Department and Officer Dorrell went to an apartment house at 801 North Las Palmas. They interviewed the occupants of apartment 3, seeking information about defendant. They returned to police headquarters about 3 p.m. As a result of some telephoning they learned for the first time how defendant spelled his last name. Then they returned to the Las Palmas address, accompanied by Lieutenant Green. They interviewed the manager and maintained a watch outside the apartment where they believed defendant to be. While this surveillance was being conducted, at about 6 p.m. Sergeant Bachman (at police headquarters) inquired of the sheriff’s office concerning defendant, and learned that a warrant was outstanding for defendant’s arrest upon a charge of violating Penal Code sections…