Bryant

The Grand Jury of Los Angeles County returned an indictment wherein the above named defendants were accused of the violation of section 11500 of the Health and Safety Code of the State of California, in that on or about August 22, 1956, they sold a preparation of heroin. Both defendants pleaded not guilty. Trial by jury was duly waived and each defendant was adjudged guilty as charged. Defendant Alexander’s motion for a new trial was denied and he was sentenced to state prison. From the judgment of conviction and the order denying his motion for a new trial defendant Alexander prosecutes this appeal.

Concerning the factual background surrounding this prosecution, the record reflects that on August 26, 1956, Cherry L. Brown was a Los Angeles city police officer assigned to the narcotics detail. On that date he was working in an undercover capacity seeking an allegedly known user and peddler of heroin known as “Chalk.” At 1:55 p. m. the officer approached a person seated in an automobile in the 700 block on Fifth Street, believing him to be the man he sought. The person in the automobile proved to be Ruffin Bryant, codefendant herein, and a brother of the man known as ‘ ‘ Chalk. ’…