Lopez

Defendant-appellant was convicted by a jury of unlawful sale of narcotics. (Violation of Health & Saf. Code, § 11500.) He admitted a prior conviction of a felony *347 (possession of narcotics.) A reversal is sought on the claimed ground of prejudicial misconduct of the trial judge.

According to the testimony of one O. C. Reed, special employee of the Narcotics Bureau, on February 20, 1958, he and one Ann Massey, a woman who had been previously convicted of selling narcotics on different occasions, saw defendant near the International Pool Hall and Bar, in Fresno. Defendant spoke to Ann and continued on into the bar. Later, he came back to her and she told him Beed would like to buy some narcotics. Defendant said he would go and obtain some but he would have to have the money ($5.00) for a single capsule. Beed counted out five one-dollar bills. Defendant placed them in his pocket and told her he would return in a little while. Several narcotic agents were stationed in a Japanese hotel room near-by and they testified they saw the money pass to defendant and that Beed gave a known signal, by tipping his hat to the other officers, that defendant was going to obtain narcotics for him.…