Anderson

After a trial by jury, defendant was found guilty of selling a restricted dangerous drug, to wit, a barbiturate (Health & Saf. Code, § 11379, formerly § 11912). He appeals from the order of probation, contending:

Facts

On November 6, 1972, Detective Anderson, a Sacramento police officer, and an undercover “operator” and informant, James Thomas, went to the defendant’s apartment in Sacramento in an attempt to purchase some capsules or “reds” from the defendant. Prior to leaving the police station, the “operator” Thomas was subjected to a “skin search” by Detective Koupal of the Sacramento Police Department. No narcotics were found. Thomas was then given a 20-dollar bill.

Officer Anderson and Thomas drove to the apartment where defendant was staying, arriving there at about 7:12 p.m. Detective Koupal drove in another car to the apartment to act as cover for Thomas and Anderson.

Defendant and an unidentified subject were in the apartment when Officer Anderson and Thomas entered. Thomas asked defendant if he had any more reds and the defendant answered, “Yes.” Defendant went into the kitchen, obtained a piece of aluminum foil, and then went into a bedroom where he was…