People v. Green

BRAZIL, J. pro tem. *

This is an appeal from a judgment which found defendant guilty of possession of heroin, in violation of section 11500 of the Health and Safety Code, after a court trial; a jury having theretofore been properly waived. Appellant presents three points for consideration, any one of which he claims requires a reversal. (1) The evidence was erroneously admitted, over objection, in violation of the exclusionary rule relating to an unlawful search. (2) Testimony of the main witness was improperly admitted by way of transcript of his testimony taken at the preliminary hearing,…