Tucker

— In an information the defendant was charged in separate counts with two offenses of the sale of heroin, one of the possession of heroin and one count of the possession of marijuana. Defendant was represented by the public defender; trial by jury was waived, defendant did not testify and was found guilty on all counts. His motion for a new trial was denied; probation was denied and he was sentenced to state prison, all terms to run concurrently.

Defendant appeals in propria persona from the judgment and the denial of his motion for a new trial.

On August 26, 1960, at around 7:30 p.m., Elvis Warthen, a deputy sheriff, was in the company of Walter Ellison. The officer had previously searched Ellison and found no narcotics on his person; he gave Ellison three marked $20 bills.

Ellison made a telephone call and he and Officer Warthen waited together in the officer’s vehicle. A car driven by defendant backed up in front of the officer’s car. Defendant made a beckoning motion to Ellison who walked up to defendant’s ear. The defendant's hands came up to Ellison’s hands. Ellison then returned and gave the officer two $20 bills and four capsules of heroin.

Officer Warthen and Ellison…