Gutierrez

This is an appeal from a judgment of conviction upon an information charging appellant with selling “flowering tops and leaves of Indian Hemp (cannabis sativa),” otherwise known as marijuana, in violation of section 11500 of the Health and Safety Code.

The record shows that on the evening of March 9, 1954, about 8:30 p.m., Jerome Murphy, a state narcotic inspector, was parked in a state car on B Street across from the Lake-view Motel in the city of Marysville. Appellant, driving a 1949 model Ford coupé, approached Murphy’s car from the opposite direction on B Street, passed it, made a “U” turn, returned and came to a halt approximately .two car lengths in front of the state vehicle. Appellant left the car he was driving and approached Murphy who remained in the driver’s seat of the state car. Thereafter, according to the testimony of the state inspector, a conversation ensued in which appellant said he had “seven,” didn’t have “any more,” and" wanted $7.00 as they were “hard to get.” Appellant then handed Murphy a cellophane package containing seven cigarettes, later proved by chemical analysis to contain marijuana, for which the state inspector paid appellant $7.00 in state…