Lampkin

By separate indictments Ransom Lampkin was accused of selling narcotics on two occasions in violation of section 11500 of the Health and Safety Code. Defendant pleaded not guilty and on trial by jury was found guilty of both offenses. The court denied probation and sentenced defendant to state prison. Prom the judgments defendant appeals.

The evidence most favorable to the prosecution indicates the following: On April 22,1958, Delores Davis met state narcotics agent McBee and federal narcotics agent Perry in Oakland. A police matron searched her at that time, following which McBee gave her $40 in currency and a handbag containing a radio transmitter. Perry then took her to North Richmond where she left the auto and rang the bell at defendant’s home. Receiving no answer, she proceeded to “My Place,” a café owned and operated by defendant since 1957 in association with Gladys Beaner, alias “Little Mama,” and with whom the defendant lived as man and wife.

Mrs. Davis entered the café and defendant, who was talking to a policeman in front thereof, entered a few minutes later. Mrs. Davis asked defendant “what was happening?” Defendant asked her what she wanted, to which Mrs. Davis…