SHINN, P.J.
In a jury trial defendant was convicted of the possession of heroin. His motion for new trial was denied and he appeals from the judgment and the order.
At the commencement of the taking of testimony, upon being informed of the defendant's contention that he was illegally arrested and searched, the court ruled that evidence with respect to the regularity of the arrest and seizure would be heard by the court outside the presence of the jury.
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