Etress

The Grand Jury of Los Angeles County returned an indictment wherein defendant was charged with a violation of section 11500 of the Health and Safety Code, a felony, in that on or about March 14, 1958, he unlawfully sold a narcotic, to wit, heroin. A prior felony conviction of the crime of escape was also alleged. Defendant pleaded not guilty and denied the alleged prior conviction. Trial by jury was duly waived. By stipulation, the People’s ease was submitted on the transcript of the testimony taken before the grand jury, each side reserving the right to offer additional evidence. After the court had read the grand jury transcript and heard additional evidence, defendant was adjudged guilty of the offense charged in the indictment. His motion for a new trial was denied, and he was sentenced to state prison. No finding was made on the prior conviction of the crime of escape. Prom the judgment and the order denying his motion for a new trial, defendant prosecutes this appeal.

As to the factual background of this prosecution, the record reveals that at approximately 6 o’clock on the evening of March 14, 1958, Los Angeles City Police Officer George Renty, *684 attached to the…