Sauceda

Defendant appeals from a judgment rendered on a jury verdict finding him guilty of two counts of selling heroin in violation of section 11501 of the Health and Safety Code, and from the order denying his motion for a new trial. He argues: that the evidence is insufficient to sustain the verdict on both counts; that the trial court erred in denying his motion to permit the jury to view the scene of the crime; in overruling his objections to certain testimony; in the admission of certain evidence as well as its instructions to the jury; and finally, that he has been denied due process of law by the People’s failure to call the informer-participant as a witness.'

The record reveals the following facts: Defendant was charged with two counts of sale, one on May 19, 1960, and the second on May 20, 1960. Both sales occurred in front of the defendant’s residence in San Jose, and were set up by the police with the help of an informer-participant, one Nathaniel Bryant, a parolee with a narcotic background who was assisting the authorities to avoid being returned to prison as a parole violator.

The uncontroverted evidence established that the defendant lived at 271 Dupont Street in San…