Rodriguez

Defendants Rodriguez and Hernandez were charged by information with one count of violation of Health and Safety Code section 11500.5 (possession of heroin for sale) and a second count of violation of Health and Safety Code section 11530 (possession of marijuana). Each defendant pleaded not guilty and waived trial by jury. The court found defendants guilty on count I and not guilty on count II.

Both defendants are appealing from the judgment.

Statement of Facts

On February 11, 1963, Officer Sanchez, a policeman assigned to the narcotics division of the Los Angeles police department, was told by a tested and reliable informant that he had been present when defendant Rodriguez had taken delivery of 125 kilos of marijuana and 2 kilos of heroin. Rodriguez had told the informant that he never kept narcotics around his residence, that he kept a stash pad where he was going to take this shipment. Subsequently the informant, acting under police instructions, attempted to buy narcotics from Rodriguez. The informant was equipped with a transmitting device which enabled the police to overhear the conversations. They heard Rodriguez agree to sell a kilo of marijuana to the informant for…