Harris

The grand jury of Los Angeles County returned a secret indictment against defendant in which he was charged in two counts with the crime of selling and furnishing of a narcotic, marijuana, in violation of section 11531 of the Health and Safety Code. Defendant entered a plea of not guilty. Trial was by the court, defendant and all counsel having personally waived trial by jury. Defendant was found guilty as charged on both counts. Probation and defendant’s motion for a new trial were denied and defendant was sentenced to the state prison on each count for the term prescribed by law, sentences to run concurrently.

Defendant petitioned this court for the appointment of counsel to represent him on appeal. This court, having made an independent investigation of the record and having determined that it would be neither advantageous to defendant nor helpful to this court to have counsel appointed, denied the application; whereupon, defendant prosecutes this appeal in propria - persona.

Jerry Chavous testified he was attached to the narcotics division of Los Angeles Police Department as an undercover agent. On October 18, 1961, he observed defendant walking south on Wall Street in the…