Fitzwater

—Count I of an information charged that appellant conspired with Paul Van de Bogart to violate Health and Safety Code, sections 11530 (possession of marijuana), 11500 (possession of peyote), 11500 (possession of demerol) and 11531 (sale of marijuana), and Business and Professions Code, sections 4227 and 4230 (sale and possession, respectively, of dangerous drugs). The conspiracy count set forth 12 overt acts alleged to have been committed in furtherance of the conspiracy. In successive counts, appellant was charged with possession of three narcotics for sale, in violation of the Health and Safety Code: marijuana (§ 11530.5), demerol (§11500.5) and peyote (§11500.5).

Having waived a jury, appellant was tried alone: the disposition of the charges against Van de Bogart does not appear in the record. The trial court found appellant guilty on all four counts. The appeal is from the judgment of conviction.

Van de Bogart and appellant were arrested together on March 23, 1965. The arrest culminated an intensive investigation by state narcotics agents, in the course of which agent Paquin, working under cover, purchased dangerous drugs from Van de Bogart on several occasions. All or most…