Northern

In a two-count information defendant was charged with violations of section 11531 of the Health and Safety Code (sale of marijuana) and section 11503 (sale of a substance falsely represented to be a narcotic.) After a jury trial he was found guilty on both counts.

On April 11, 1966, Officer Brown of the Los Angeles Police Department was working “undercover narcotics.” He knew the defendant who had sold him some pills on April 7. He met him on the corner of Fifth and Main. Defendant asked him “how were the pills?” Brown said “they didn’t do me any good.” Defendant said: “I have a joint if you want to buy it. ’ ’ Brown said he did and defendant told him to meet him across the street at the Belmont Grill. They walked into the restroom. Brown gave defendant $1.00. Defendant gave Brown fifty cents and a brown cigarette which, on later examination by the police chemist, was found to contain marijuana. After this transaction Brown and defendant had a beer together and walked around town for awhile. They were together for about an hour.

Brown again met defendant at the Belmont Grill on April 14. Defendant was at the bar talking to another gentleman. Brown and another officer had a beer…