People v. Foster

Opinion

MOLINARI, P. J.

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of violation of Health and Safety Code section 11500 (possession of heroin). Defendant contends that the trial court erred in not instructing op its own motion on the issue of voluntary intoxication and in its comment upon the evidence. He also contends that the arresting officers violated his Fourth Amendment rights. We find none of these contentions to be meritorious.

At approximately 3 p.m. on May 5, 1969, Inspector Martin of the San Francisco police narcotic unit, and three other…