Harris

In a jury trial, in which he was represented by private counsel, Charlie Harris was convicted, under indictment, of two offenses of selling heroin. He admitted the allegation of the amended indictment that he had suffered two former convictions of felony. He was sentenced to state prison and has taken an appeal from the judgment. Upon his application for appointment of counsel we read the record, and having determined that the appeal is groundless, we denied the application. Defendant has filed briefs.

There was evidence of the following facts. Early in the afternoon in August of 1960 Officer Hairston of the Los Angeles Police Department, in company with one Pier, encountered one Sorrell who offered to join Hairston in the purchase of heroin. Each contributed $4.00, which was given to defendant in return for a red balloon and its contents. The balloon was passed through the hands of Pier to Sorrell, who shortly thereafter divided the contents with Hairston. At the trial it was proved that the balloon had contained heroin. Later in the day, in the company of Pier, Hairston encountered defendant in the rear of a café, where Hairston purchased from defendant a pink balloon and…