Taylor

Defendant-appellant was charged in a grand jury indictment in two counts with selling a narcotic (marijuana) on September 10, 1959, and on September 22, 1959, in violation of Health and Safety Code, section 11531. He was also charged with a prior felony conviction on December 11, 1956 (selling a narcotic). He was represented by the public defender and entered a plea of not guilty to *351 both counts. Subsequently he admitted the prior conviction of a felony. A trial by jury resulted in a verdict of not guilty as to Count I and guilty as to Count II. A motion for a new trial and application for probation were denied and he was sentenced to the state prison and the judgment provided that his sentence should run concurrently with any prior uncompleted sentence.

The evidence discloses that at a time prior to the alleged offenses of defendant, one C. R Ne Lums was employed as a special deputy sheriff by the San Bernardino sheriff’s office. He testified that he received special instructions relating to narcotics investigation from the San Bernardino sheriff’s officers and worked as an undercover investigator with the vice and narcotic divisions in investigating narcotic eases and…