Seaberry

—This consolidated appeal is from the judgments entered against defendant in two cases.

Defendant was charged in case No. 314434 with two violations of Health and Safety Code, section 11911, for possessing for purpose of sale two restricted dangerous drugs, seeonal and benzedrine. The cause was submitted to the court upon the transcript of the preliminary examination proceedings with additional testimony being introduced. The court found defendant guilty as charged. In case No. 318226, defendant was charged with the sale of seeonal in violation of Health and Safety Code, section 11912. He was found guilty in a jury trial. Probation was denied in each case and defendant was sentenced to state prison, the sentence in case No. 318226 being ordered to run consecutively with the sentences in case No. 314434.

Defendant contends that the evidence is unsufficient to support the judgment 'convicting him (in case No. 314434) of the two counts of possession for sale. A summary of the evidence, viewed as it must be in the light most favorable to the People, follows:

On October 12, 1965, at about 10 p.m., Officer Weisser was on patrol with his partner in a marked police vehicle. They were…