Helmholtz

Defendant was indicted for selling LSD and for selling amphetamine, both in violation of section 11912 of the Health and Safety Code. He was found guilty after a court trial and this appeal is from the' judgment of conviction.

Defendant contends: (1) that he was denied a fair trial by the prosecution circumventing his obtaining as a witness, Nicky Colangelo, an in former, who was a material percipient witness; and (2) the prosecution failed to comply with a mandate of Eleazer v. Superior Court, 1 Cal.3d 847 [ 83 Cal.Rptr. 586 , 464 P.2d 42 ], in regard to the same witness.

A lengthy statement of the facts is unnecessary on the issues raised. Suffice to say that a state narcotic agent, Kenneth Curtis, purchased one capsule of LSD and a “dime bag” of methedrine from defendant. Nicky Colangelo, an informer, working with Mr. Curtis, actually purchased the LSD in Curtis’ presence with funds supplied by Curtis. Colangelo also was present when Curtis purchased the methedrine. Curtis paid defendant $5 and $4 of city funds, respectively, for the drugs. It was stipulated that the drugs purchased contained useable amounts of LSD and amphetamine.

The defendant took the stand on…