Roeschlaub

Defendant was charged in count I of a six-count information filed against five defendants, with offering to sell LSD, a restricted dangerous drug (§ 11912, Health & Saf. Code); the trial court found him guilty of a violation of section 11557, Health and Safety Code, a lesser and necessarily included offense. He appeals from the judgment.

A few weeks prior, Deputy Alexander purchased mescaline and LSD from several codefendants, and on July 28, 1969, met codefendant Brady and negotiated with him for the purchase of one gram (4,000 tabs) of LSD for $2,800. That afternoon Brady told him that his “connection” would deal only in a six-gram (24,000 tabs) quantity at a price of $18,000, whereupon it was agreed that Alexander could bring a third party into the transaction. Thus, on July 30 Alexander, Beltrand (an informant) and Federal Agent Lasardi met with Brady and codefendant Hirsch; Alexander told them Lasardi wanted to go in on the transaction, the six-gram purchase was acceptable and to set up the deal, but first they wanted samples of what they were buying; Hirsch said he would leave samples with Brady. On August 2, around 5:30 p.m., Deputy Alexander went to a certain…