McCrae

In two indictments defendant was charged with three violations of section 11531, Health and Safety Code. Pound guilty by a jury, he appeals from the judgment of conviction, order denying motion for new trial and order denying motion to arrest judgment. Inasmuch as the two orders are not appealable (Pen. Code, § 1237, subd. 2), the purported appeals therefrom are dismissed.

On October 6, 1961, Police Officer Robert, working undercover in a narcotics investigation, went with one Curtis into Al’s restaurant, of which defendant was manager. He said to defendant “What kind of a deal would you let me have on half pound, man?”; he replied, “I don’t know; I will let you know when I get it, but I won’t be able to. do anything until . . . before 1:30. Come back then.” Around 1 p.m. the officer returned and, after some discussion, said to defendant, “Look here, Bill, I'can’t handle a half pound, . . . at $15 a can.' I can’t handle three cans. Can’t you give me a better deal"?”; he answered, “The best I can do is 15 a can.” The officer gave him $30 for two “cans”; defendant told him to wait in the car, that he would have it wrapped and send Prank out with it. Later Prank handed the officer a…