Ballejos

Jose Gabriel Ballejos has appealed from a judgment of the superior court which was entered after a jury found him to be guilty of the crime of selling marijuana. (Health & Saf. Code, § 11531.) Rogiero Ballejos and Jack Wallace Gilbert, who have also appealed, were found to be guilty of the crime of possession of marijuana. (Health & Saf. Code, § 11530.)

It appears from the record that Calvin Gene Payne, who was 19 years old, was employed by the City of Chico as an undercover agent. He was furnished an apartment and his expenses were paid. In addition, he was promised payment for his work, though at the time of trial neither had the amount been set nor had he been paid. He had not, however, been told that he would be paid only if there were a conviction.

Payne testified that on the afternoon of July 31, 1962, he approached Jose Ballejos and asked him if he knew where he (Payne) could find a pound of marijuana. Jose replied that he did not know if he could trust him.

That evening Payne and appellant Gilbert, an acquaintance, went to Jose Ballejos’ home. Payne had asked Gilbert to accompany him because Ballejos had told him if he could produce Gilbert the purchase of marijuana…