Herbert

Defendant was accused of a violation of the State Poison Act (Stats. 1907, p. 124), was tried by a jury and found guilty, and this is an appeal from the judgment of conviction and the order denying defendant’s motion for a new trial.

The information charged the defendant with willfully and feloniously having in his possession a preparation of morphine contrary to the provisions of section 8 of the act above referred to, and also with having been convicted of a prior offense under the same act.

It was proved at the trial that an inspector for the state board of pharmacy, whose duty it is to arrest violators of the State Poison Act, had received information to the effect that defendant was a narcotic peddler, and that he thereupon determined to intercept and arrest him for his unlawful practice. Accordingly he and his assistant procured a woman who was addicted to the use of narcotics to go to defendant and make a purchase of certain drugs. Defendant undertook to procure the same and accepted the purchase price therefor, and agreed to meet her at an appointed place to deliver the drugs to her. The inspector and his assistant repaired to the place designated. Defendant appeared and…