Hicks

Defendant appeals from conviction, after jury trial, of violation of section 11503, Health and Safety Code (offering unlawfully to sell and furnish a narcotic to a person and delivering a substance other than such narcotic).

Sole Question Presented.

Is section 11503 unconstitutional as being vague, uncertain and arbitrary? No.

Evidence.

Defendant does not contend that the evidence is insufficient to support the conviction. A brief résumé of it follows:

The facts are not in dispute. On April 21, 1962, at about 11 p.m. Officer Lawrence of the San Francisco Police Department went into a bar on Divisadero Street known as the Morocco Club and saw defendant seated at a table with a woman. During the next 10 or 15 minutes Officer Lawrence observed three men successively seat themselves at the defendant’s table. With each such person there was a movement of hands under the table and an object which appeared as if it might be money was passed over the top of the table. After the third man left, Officer Lawrence made a friendly gesture to defendant, and defendant then called him to his table and offered to sell him marijuana cigarettes. Officer Lawrence refused the offer but stated…