Scott

This is an appeal from an order admitting defendant to probation upon conviction of violation of Health and Safety Code, section 11530 (possession of marijuana) . The order must be reversed because the court erroneously sustained an objection to a question as to the identity of an informer who was a material witness; therefore we shall deal only with those of appellant’s further contentions which may come into question on retrial.

On May 28, 1965, Officer Olson of the Los Angeles Police Department made and presented to a magistrate an affidavit for issuance of a search warrant. The affidavit related that Officer Olson had received information from an untested informant, whose identity affiant wished to keep secret, that "in the latter part of April, 1965, a male Negro, who he described as aged 22, 5 feet 6, 130 pounds, and known to informant as ‘Ben,’ delivered to him a one-half can of marijuana at the address of 1584% East 51st Street in the City of Los Angeles.” Affiant determined that appellant matched the description, had a prior narcotic arrest, and lived at 1584% East 51st Street. On May 17, 1965, affiant observed a 1958 Dodge, license IJV-633, being driven away from the…