Boyce

Convicted of two counts of violating Health and Safety Code, section 11500: (1) sale of heroin, (2) possession of heroin and a prior conviction of a violation of the same section having been found true, defendant appeals from the judgment.

Police officers arranged with one Simms to buy three capsules of heroin. They gave him $9.00 in currency, noting the serial numbers, having previously searched him and found nothing resembling narcotics on him. Simms proceeded to the residence of one Holmes and the officers waited at a prearranged meeting place. Shortly thereafter Simms arrived and handed the officers two capsules, later identified as containing heroin. The officers then proceeded to the residence of Holmes and placed him under arrest. They found in his house another capsule of heroin. Holmes was searched and when the $9.00 in currency was not found on his person or in the house, the officers told him they would have to take his wife to the station to be searched. Holmes then told the officers he would get the $9.00 and that it was over on the next street. Holmes then led the officers to the house where defendant was staying, having told the officers that he (Holmes) had given…