Ortiz

In the first count of an information the defendants Ortiz, Rosales and Padilla were accused of selling heroin on or about March 11, 1961, in violation of section 11501 of the Health and Safety Code. In the second count Ortiz alone was charged with such a sale which was alleged to have occurred on or about March 13, 1961. All of the defendants were accused in the third count of having made such a sale on or about March 17, 1961. Rosales was charged in the fourth count with a violation of section 12021 of the Penal Code in that on or about March 17, 1961, he, being a person theretofore convicted of a felony, had in his possession and under his custody and control a .45 caliber Colt automatic which was capable of being concealed upon the person, the firearm having a barrel less than 12 inches in length.

In a trial in which each defendant waived his right to trial by jury, Ortiz was found guilty as charged in each of the first three counts, Rosales was found guilty of the offenses charged in the third and fourth counts and acquitted with respect to the first count, and Padilla was found guilty as charged in the third count and acquitted of the charge contained in the first count.…