Cheatham

Defendant was charged with, and convicted of, the sale of heroin, in violation of section 11501 of the Health and Safety Code. He was sentenced to state prison; he has appealed; we affirm the conviction.

In light of the issues on which this case turns only a brief statement of facts is required. Defendant was charged with selling heroin to an agent of the state narcotic bureau on an occasion when a police informant, Miss Gloria Matrix, was present and had introduced defendant to the agent. The sole issue at the trial was the identification of defendant as the seller, Defendant contends that the seller was his nephew, Hamilton, a man closely resembling defendant in height, weight and color. The identification testimony for the People consisted primarily of that of the narcotic agent.

I

Since Miss Matrix was not only a witness to, but a direct participant in, the sale herein involved, it was obvious that she was a witness whose identity must be revealed. Five months before the sale, the Supreme Court had held, in Eleazer v. Superior Court (1970) 1 Cal.3d 847 [ 83 Cal.Rptr. 586 , 464 P.2d 42 ], that where an informer would be a material witness, the police must make such…