Walker

Barrean and-Walker were charged in two counts with possession of heroin (§11500, Health & Saf. Code) and possession of marijuana (§ 11530, Health & Saf. Code). The cause was submitted on the transcript of the testimony taken at the preliminary hearing. All defendants were found guilty as charged. Walker’s motion for a new trial was granted as to count II (possession of marijuana) and denied as to count I (possession of heroin). He was sentenced to the state prison; at the same time probation ón a prior burglary conviction was revoked and he was sentenced thereon to the state prison, the sentences in the two cases to run concurrently. Count II was dismissed in the interests of justice. Only Walker (hereinafter referred to as defendant and appellant) appeals from the judgment.

On January 2, 1968, Sacchette’s sister told Sergeant Elder that she had just been to Sacchette’s residence Avhere there Avere five persons who she thought were under the influence, of narcotics and there were .two small children in the house for Avhom she avbs afraid; she.returned to the house and brought back to him' a Tuinal tablet and said that those in the- resi *41 dence had just “scored” heroin and were…