Red

Pedro Red was accused by indictment of violating Health and Safety Code, section 11502, in agreeing unlawfully to sell heroin to Francisco Lopez and selling Lopez another substance in lieu of heroin. Trial by jury having been waived, in a court trial Red was convicted. He appeals from the sentence. We construe the appeal as one from the judgment.

Appellant was represented by a deputy public defender at the trial. Upon his application for appointment of counsel on the appeal, we read the record and denied the application for the reason that the appeal has no semblance of merit and *177 appointment of counsel would serve no useful purpose. Appellant was duly notified of our order and his time to file a brief was substantially extended; no brief has been filed.

Officer Lopez testified that he was driving south on Broadway in an unmarked car on May 7, 1959. He was accompanied by Officer Quintín Villanueva. Appellant was on the sidewalk in the company of a man who was unknown to the officers; Lopez had met Red on two previous occasions. Appellant waved at Lopez, who waved back; told Lopez to stop at the corner, where Red and his companion got into the ear. Lopez asked appellant if he…