Barnett

WOOD (Fred B.), J.

The defendant has appealed from a judgment entered upon a verdict of guilty of two counts, one for unlawful possession of a preparation of heroin, and one for an unlawful sale of heroin, each in violation of section 11500 of the Health and Safety Code. He has also appealed from an order denying his motion for a new trial.

He bases his appeal upon asserted insufficiency of the evidence to sustain the verdict on either count and errors of law occurring at the trial in respect to the admission and exclusion of evidence. We will consider, first, the sufficiency of the evidence.

The defendant was apprehended by an inspector of the state Bureau of Narcotic Enforcement.

The inspector gave two marked bills to an operator, not identified by name, who was working under his instruction. The inspector observed this operator when she left him and got into an automobile driven by the defendant. The defendant drove off. The inspector followed for about five minutes, after which they left his view. About one and a half hours later the inspector met the operator at Bush and Mason Streets, San Francisco. The inspector knew nothing of the operator's whereabouts during that…