Marquez

Defendant was charged with the unlawful sale of heroin in violation of section 11500 of the Health and Safety Code. In a non jury trial he was convicted. Allegations in the information that he had been convicted previously of two felonies (burglary and forgery) were found to be true. He appeals from the judgment and the order denying his motion for a new trial.

Appellant asserts that the court erred prejudicially in sustaining the prosecutor’s objection to a question asked by appellant on cross-examination.

A deputy sheriff testified that on September 27, 1956, about 2:15 p. m., he was driving his automobile westerly on a street in Los Angeles; he was accompanied by a confidential informer ; he (deputy) saw defendant driving an automobile easterly on the same street (approaching the deputy’s automobile) ; when the automobiles were about 40 yards apart the deputy honked the horn of his automobile, and then the defendant stopped his automobile at the north curb; the deputy made a U-turn in the street and parked his automobile about 12 feet back of defendant’s automobile; then the informer got out of the deputy’s automobile and went to defendant’s automobile and talked to…