Sanchez

Defendant, charged with possession of heroin for sale (§ 11500.5, Health & Saf. Code), was found guilty of a lesser but necessarily included offense, possession of heroin (§ 11500, Health & Saf. Code). He appeals from the judgment.

Federal Narcotic Agents Borquez and Restow had information that the intersection of Brooklyn and Breed in Los Angeles was a “hot” corner and a “hangout for a lot of people using narcotics”; in the vicinity is a pedestrian tunnel running beneath Brooklyn with entrances north and south. Several months before August 20, 1965, defendant had been pointed out to Borquez as a dope peddler; about a week before, the agent saw defendant go into the tunnel two or three times with different persons, remain a few minutes and come out the same side he had entered-—-he did not go through the tumi el. On August 20, around 4:45 p.m., the agents saw de fendant twice enter the tunnel with various individuals, remain there for a few minutes, then exit the same side through which he entered. About the third time, one agent entered the tunnel from the north and the other from the south; they walked up to defendant and another man who were having a conversation. The agent…