Cuellar

A jury found defendant guilty of a sale of marijuana in violation of Health and Safety Code section 11531, and of possession of marijuana in violation of Health and Safety Code section 11530.

David Fuentes, a senior narcotic agent with the State Bureau of Narcotic Enforcement, accompanied by a “contact” by the name of Alfonso Cintora, also known as “Chi eo,” drove to the home of Richard Garcia in Los Banos on August 17, 1966, about 8 :40 p.m. A Thunderbird automobile which defendant and Prank Ramos had driven from San Jose that day, was parked in the driveway adjacent to the front yard. Garcia was standing in the yard near the car and Ramos and defendant were repairing the electrical system for the convertible top.

Garcia walked to the Puentes automobile. Chico, who was known to Garcia, introduced Puentes as his cousin and said that Puentes wished to purchase a can of marijuana. Actually two packets were sold, one right after the other, and the problem in the case stems from the fact there were two sales and the testimony of Puentes, the agent, and Garcia, the accomplice, differed as to the first sale. Puentes testified that Garcia, after being told Puentes wanted to buy a can…