Wells

Defendant, together with James Nelson, was charged with a violation of Health and Safety Code, section 11531 (selling marijuana) on December 7, 1964 (count I), and a violation of Health and Safety Code, section 11530.5 (possession of marijuana for sale) on December 14, 1964 (count II). The public defender was appointed; a plea of not guilty was entered; the public defender was relieved and another attorney was appointed to represent defendant at the trial. Defendant withdrew the plea of not guilty to count II, pled guilty, and a probation report was ordered; a motion to withdraw the plea of guilty was granted and a renewed plea of not guilty was entered as to count II. The case proceeded to trial before a jury on both counts; defendant was found guilty; probation was denied; a motion for a new trial was made and denied; defendant was sentenced to state prison, the sentences on the two counts to run concurrently. He has appealed from the judgment. For reasons set out below, we reverse the judgment.

Facts

Arthur Longuevan, a narcotic agent, was working as an undercover agent. On December 4,1964, he had a conversation with a man named Mathews, who was defendant’s brother-in-law.…