People v. Lucas

Defendant appeals from a judgment of the court, sitting without a jury, finding him guilty of violation of section 11500, Health and Safety Code (possession of heroin).

Questions Presented

1. Was the search of defendant’s person unlawful?

2. Sufficiency of evidence as to defendant’s knowledge of the narcotic nature of the substance.

Recobd

Officers Dennis Murphy and Kenneth Murphy were patrolling the streets of San Francisco in an unmarked police car at approximately 11 p. m. They observed defendant and one Lyte standing outside the front steps of a hotel located at 221 6th Street. As defendant…