Rios

This is an appeal from a judgment of the Superior Court in Sacramento County, and from an order denying appellant’s motion for a new trial.

Appellant was convicted of a violation of section 11500 of the Health and Safety Code, the specific allegations of the indictment being that on November 1, 1958, appellant had sold a preparation of heroin. The principal witness for the prosecution was one Henry Lopez, an inspector with the State Bureau of Narcotics Enforcement. He testified as follows: On November 1, 1958, in the vicinity of 4th and K Streets in downtown Sacramento he encountered the appellant. After some conversation between the two, appellant asked Lopez if he wanted “something.” Lopez replied that he had only $10, but that he wished to pick up a $10 “paper.” A “paper” is a designation used by narcotics users and dealers to indicate a small “bindle” or package of narcotics. Appellant told Lopez he had some $7.00 papers, and Lopez stated he would take one paper. The two men then proceeded along the streets to a point where two small trees were growing along the sidewalk. At each tree appellant picked up an empty cigarette package and out of the second package took a small…