Moses

After this division had rendered an opinion in this case, the Supreme Court granted a hearing. It has transferred the matter to us. We have revised the segment of our opinion pertaining to impeachment by proof of prior conviction of a felony, in light of People v. Beagle, 6 Cal.3d 441, 451-454 [ 99 Cal.Rptr. 313 , 492 P.2d 1 ], which was handed down during the intervening period. Otherwise, on this transfer, we reiterate our original opinion.

In November 1968 David Allen Smith (Smith), an undercover officer having experience as such with the Bakersfield Police Department and the State Narcotics Bureau, was under contract to the City of Pomona during a so-called “buy program” which had started about the 1st of September and was to run to the end of December 1968.

On Friday, November 22, 1968, Smith indicated to his superiors that he believed he could make a buy at the Broadside Bar. The inference to be gained from the record is that the buy would be from a man whose identity and name (Dave) and inclination to sell had been made known to Smith. Smith was authorized to proceed and was furnished $10 in city money.

At about 10 p.m. on the 22d, in pursuit of the indicated…