Sweeting

This is a purported appeal from a judgment and an appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on April 22, 1966, defendant was charged with possessing heroin on February 21,1966. Defendant pleaded not guilty. It was stipulated that the cause be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing. The prosecution presented additional evidence at the trial. Defendant was found guilty as charged. A motion for a new trial was denied. Criminal proceedings were adjourned for it was determined that defendant was an addict or by reason of repeated use of narcotics was in imminent danger of becoming addicted to narcotics. It was directed that a petition be filed in department 95 pursuant to the provisions of section 3051, Welfare and Institutions Code. The appeal, timely filed, is from a nonexistent judgment and from the order denying the motion for a new trial.

A résumé of some of the facts is as follows; Officers Dorrell and Fesler of the narcotics division of the Los Angeles Police Department were qualified experts in the field of narcotics activities in Los Angeles. Officer Dorrell…