Barone

Defendant was convicted of four counts of selling heroin (Health & Saf. Code, § 11501), and allegations that he suffered two prior convictions were found to be true; he appeals from the judgment.

On August 20, 1965, undercover narcotics Officer Rudy Limas and an informant named Joe met defendant at Third and Hill Streets. Joe said to defendant, “I have been looking for you”; defendant answered, “Let me borrow your kit,” to which Joe replied, “He [Officer Limas] has got one, . . . but his buddy has it and he is somewhere around here. Come on and I will help you find him.” Defendant said, “But I need it right now. Give me a kit and I will give you half of these,” and opened his mouth showing Officer Limas six to ten balloons inside. Joe then said, “Well, we want a half right now,” and told Officer Limas, “Give your money to him [defendant]. ’ ’ The officer handed defendant a $10 bill and defendant handed him one blue balloon containing heroin which he took from his mouth.

Five days later Officer Limas alone met defendant at Fourth and Main Streets and said to him, ‘ ‘ Pley, have you got anything today?” Defendant replied, “Walk over to Main,” then, “Where have I seen you before”;…