Rodella

A jury convicted defendant of selling marijuana. He appeals from the judgment and the order denying his motion for a new trial. His points are errors in the admission and exclusion of evidence, and misconduct of the district attorney. It is conceded the evidence supports the verdict.

About 2 :15 p.m. on August 6, 1958, Joel Lesnick, a Deputy Sheriff, in company with one Dale Whipperman, went to the home of Warren and Larry Lilly in South San Gabriel. Whipperman was an informer. Lesnick drove into the yard and met defendant and the Lilly brothers. Whipperman introduced Lesnick to defendant as “Joe.” Lesnick asked defendant “if it would be possible if he had any marijuana.” Defendant said “yes.” Lesnick said he wanted to get “a can.” Defendant said, “It will be $10. Meet me at the Garvey Park in about ten minutes.” Lesnick and Whipperman went to Garvey Park. A few minutes later defendant arrived in an automobile. He motioned Lesnick and Whipperman to enter the car, which they did. They drove around the block. As they did so, defendant handed Lesnick a bag containing an ounce of marijuana. Lesnick gave defendant $10 and left in his car with Whipperman.

Lesnick next saw defendant on…