Davis

Defendant appeals from the judgment entered upon his conviction of three counts, charged in a grand jury indictment, of sale of heroin (Health & Saf. Code, § 11501). Defendant waived a jury and was tried by the court after a six-day continuance was granted the People, over defendant’s objection, because a witness was on military leave. Defendant was denied probation and sentenced to state prison.

On March 2, 1964, Officer Williams, a Los Angeles police officer assigned to undercover work, met defendant on the street corner of 12th and Central. The officer was accompanied to this location by a person named Samuel Kinsey who had been used in the past by the police to obtain introductions to narcotics peddlers. Defendant was asked if he had “anything.” He replied that he did. The officer and Kinsey said that they wanted to “get one.” Defendant answered that he had it, that they would have to get the money quickly. Officer Williams then handed Kinsey a $10 bill, which Kinsey passed to defendant. Defendant took a pink balloon from his mouth and handed it to Kinsey, who in turn gave it to the officer. On March 16, 1964, at about 12:30 p.m., Officer Williams and Kinsey were standing on…