Lipinski

Defendant and appellant John Lipinski appeals from judgment, after jury trial, of the San Francisco Superior Court, convicting him of violation of section 182 of the Penal Code and section 11912 of the Health and Safety Code (conspiracy to sell LSD, a restricted dangerous drug).

Issues Presented

1) The refiling of the conspiracy charge after its dismissal at the preliminary examination was not error.

2) The ruling on the admissibility of Miss Radford’s statements is not a factual finding that Van Raam’s testimony was inherently incredible.

Statement of Facts

The pertinent facts appearing mainly in the preliminary hearing transcript may be summarized as follows: On July 23, 1970, John D. Miles, an undercover agent of the Bureau of Narcotic Enforcement, contacted appellant’s confederate Margaret Toni Radford (Miss Rad-ford) in San Diego in order to purchase a large quantum of LSD. Miss Radford agreed to sell 5,000 LSD tablets to Miles for 35 cents per tablet. The following day they met at the San Diego Airport for the purpose of traveling to San Francisco where Miss Radford would obtain the LSD from an individual named “Eric.” Before departure for San Francisco, Miss…