Martinez

In an indictment the defendant Tony Brown Martinez and one Augustine 0. Martinez were accused in two counts of unlawfully selling heroin. Each defendant admitted an allegation therein that he had been convicted of violating section 11500 of the Health and Safety Code, a felony. Augustine pleaded guilty to Count 1. In a jury trial Tony was convicted on both counts. He appeals from the judgment.

Appellant (Tony) contends that prejudicial hearsay evidence was received, and that “such evidence if excluded would render the evidence insufficient to support the judgment. ’ ’

Officer Cota testified in substance as follows: On February 5, 1959, about 2:30 p.m., when he knocked on the door at defendant’s home (a duplex apartment house), defendant opened the door, and the witness said that his name was Mike Rodriguez and he was a ranch foreman. Defendant invited the witness into his apartment. AVhile going up the stairway toward the apartment the witness saw a Mexican man come *531 out of a bathroom, and at that time the man had an improvised hypodermic injection outfit in his hand. The outfit appeared to be an eyedropper with a hypodermic needle attached to it. The man handed the outfit…