Tovar

Defendant was charged, in two counts, with possession of marijuana (Health & Saf. Code, § 11530), and sale of marijuana (Health & Saf. Code, § 11531). A motion to dismiss, under section 995 of the Penal Code was made and denied. Defendant pled not guilty and, after a trial to the court (jury trial having been duly waived) he was found guilty; a motion for new trial was made and denied; probation was denied; and defendant was ordered committed to the Youth Authority. He has appealed.

The police were engaged in investigating sales of narcotics at and near Belmont High School, in the City of Los Angeles. They had arranged with the vice principal of the school, Mr. Condit, that Officer Tawes would act as an undercover operative, seeking to identify peddlers; that Officer Tawes would give to Mr. Condit any information thus secured and that Mr. Condit would relay that information to Sergeant Zappey. During the course of this investigation, Officer Tawes had several transactions with a student named Darrell Mitchell, in the course of which Mitchell sold Tawes marijuana cigarettes, and, in conversations, told the officer that his source of supply was a fat Mexican named Tovar, who…