Joiner

Defendant Lawrence Joiner was charged in a two-count information with possession of marijuana for purposes of sale (Health & Saf. Code, § 11359), and assault with a deadly weapon upon a police officer (Pen. Code, § 245, subd.(b)). A jury found defendant guilty as charged on the marijuana' count and guilty of a violation of section 245, subdivision (a), a lesser but necessarily included offense. He was sentenced to prison on count I; sentence on count II was stayed.

Facts

Motion to Suppress Evidence

In August 1974 a police officer staked out defendant’s apartment and followed defendant, having apparently received information that defendant was involved in narcotics transactions. On August 27 the officer dialed a certain phone number from the police station and listened to a conversation between an informant and somebody on the other end of the line. The informant said, “I need some smoke,” and the person at the other end said, “I only have a little bit, I’ll get my supply in either Thursday or Friday.”

Relying on section 1042 of the Evidence Code, the officer refused to identify the informant. This led to an in camera hearing under section 1042, subdivision (d), after…