Sinclair

The appellant Sinclair and one Harry Stanch were charged jointly with having had in their possession unlawfully a quantity of morphine. They were tried together and found guilty; and each was sentenced to imprisonment in the county jail for ninety days. Sinclair appealed, and as grounds for reversal urges that the evidence as to him is insufficient to sustain the conviction and that the trial court erroneously instructed the jury.

There is no dispute about the facts. It appears therefrom that pursuant to a prearranged plan an inspector of the state narcotic division named Nelson and an informer were standing on the corner of Hyde and McAllister Streets in San Francisco about 6 o’clock in the evening, and in a few minutes an automobile driven by appellant approached the corner and stopped. The informer introduced Nelson to appellant, whereupon Nelson and the informer entered the automobile and occupied the rear seat. Nelson then told appellant that he wanted to buy some morphine for his “old lady”. Appellant inquired whether he “wanted to make a regular meet with him every day”, and Nelson replied that he did. Nelson and the informer then paid appellant $2.50 each in marked money…