Guerrero

This is an appeal by defendant from a judgment of conviction of sale of a narcotic (heroin) in violation of Health & Safety Code, section 11501.

Facts

On March 18, 1960, defendant met State Narcotics Agent Antonio Cota, Jr., at a handball court in Placentia, California. After some discussion between them relating to purchase and sale of narcotic heroin, they drove to defendant’s home in Fullerton, where defendant sold to Cota 1.4 grams of heroin. State Narcotics Agents Ernie Avalos and Robert King and Deputy Sheriff Chaney of Orange County followed in another car, saw Cota and defendant get out at defendant’s home and saw some of the movements of Cota and defendant at defendant’s home, but did not see the sale itself, which occurred inside defendant’s home. These surveillance officers saw defendant and Cota reenter Cota’s car and followed to the Lusar Billiard hall in Fullerton, where the officers saw defendant enter, return to Cota, and saw Cota leaving alone in his car. The officers followed Cota and after a few blocks all stopped; Cota exhibited the heroin package and the officers and Cota initialed the package for later identification. Officer Avalos was well acquainted with…