Taylor

By an information containing two counts, the defendant, Frank Taylor, was charged with two violations of section 11500 of the Health and Safety Code, and with two prior convictions for narcotic offenses in this state, one a felony in violation of Health and Safety Code, section 11160 (now 11500) in 1944, and one, a misdemeanor, violation of Health and Safety Code, section 11721 in 1955.

The first count charged the unlawful transportation of heroin; the second, the unlawful sale of heroin, both events being charged having occurred on November 7, 1956, in San Francisco. Defendant admitted the prior misdemeanor con vietion and pleaded not guilty to the other charges. By a jury he was found guilty of all the charges and sentenced on the two counts, the sentences to run concurrently. Defendant appeals from the judgment and from the order denying his motion for a new trial.

The facts are as follows: State Narcotics Inspector Ohlson was told by a confidential informant, one Frank Thomas, also known as “Tommie” that he had arranged to meet the defendant to make a purchase of heroin, between 2:30 and 3:30 p. m. on November 7, 1956, at the corner of Pierce and Eddy Streets in San…