Vitale v. Vitale

After a nonjury trial defendant was convicted of possession of heroin (Health & Saf. Code, § 11500). He appeals from the judgment and an order denying his motion for new trial. The only point urged by counsel is insufficiency of the evidence to support an implied finding that defendant had possession and knowledge of the character of heroin which was found in his room. That knowledge, as well as possession, is an essential element of the crime is now clear. (People v. Winston, 46 Cal. 2d 151, 158 [293 P.2d 40]; People v. Denne, 141 Cal. App. 2d 499, 510 [297 P.2d 451]; People v. Antista, 129 Cal. App. 2d 47, 50 [276 P.2d 177].)