Castedy

By an information dated April 28, 1960, the defendant, Walter Castedy, was charged with two counts of the selling of heroin, in violation of section 11501 of the Health and Safety Code, and a prior conviction for the same offense in March 1957. Defendant admitted the prior conviction and entered pleas of not guilty to both counts. On this appeal from the judgment of conviction rendered on the jury verdict finding him guilty as charged, and the order denying his motion for a new trial, he argues that the evidence is insufficient to sustain the judgment of conviction on each count, and that the delay in his arrest and the resulting unavailability of the informer participant as a witness denied him a fair trial.

The record reveals the following facts: About 6 p. m. December 3, 1959, Agents Charles Fahey, Alton B. Wong of the Federal Bureau of Narcotics, and Inspector Getchell of the Narcotics Detail of the San Francisco Police Department, picked up the informer, one Henry Yuen, near Broadway and Kearny Streets. The informer was searched by Fahey, equipped with the sender of a transmitting device, given instructions and $20 in marked government funds, and then driven to Broadway near…