Venegas

In a nonjury trial defendant was convicted on two counts of unlawfully selling heroin. He appeals from the decision, judgment, and order denying a motion for a new trial.

Appellant contends that he was denied due process of law *796 and a fair trial because the prosecution failed to produce, as a witness, a person who participated in “the crime alleged in the information.”

Pursuant to stipulation the case was submitted upon the transcript of the preliminary examination, subject to the right to offer additional evidence.

Officer Trujillo testified that on May 14, 1959, about 12:05 p. m., he was in his automobile which was parked in front of the Western Electric Corporation Building in Los Angeles; a Mexican man, whom the officer had met at the Ebony Room on Brooklyn Avenue, was in the automobile with the officer; at said time the defendant, whom the officer had met about five days previously, came out of the building and walked in front of the officer’s automobile, and went to the other side of the street and stopped at a place which was about 30 feet from the automobile; then the Mexican went to the defendant, had a conversation with him, and returned to the automobile ; the…