Hawkins

Defendant appeals from conviction of two violations of section 11501, Health and Safety Code (sale of heroin).

Questions Presented

1. Insufficiency of the evidence.

2. Admissibility of testimony of officer whose memory was refreshed by recording, unintelligible in part.

1. Evidence.

On November 6, 1961, State Narcotics Agent Henry Lopez and Richmond police officers met Rudy Lopez at the Richmond Police Department. ■ Rudy was an undercover operator. Rudy was searched, equipped- with a radio transmitter, and supplied with $20 of serialized state money. Henry and Rudy then went to downtown Richmond to a shoe store where defendant was working. Henry and Rudy entered the store arid met defendant. Rudy and defendant stepped outside for a few minutes. Rudy asked defendant to sell him two papers of heroin. Defendant agreed to do so. Henry and Rudy then went to a coffee shop next door. Defendant, a few minutes later, joined them. He stated that he did not sell narcotics but occasionally did favors for others by ob- taming narcotics for them. Defendant was called back to the shoe store. Henry and Rudy returned to the police station. The actions of Henry and Rudy were observed by…