Berry

In a non jury trial in which he was represented by the public defender, William Spencer Berry was convicted of selling, furnishing and giving away to Rubin M. Duron, a minor of the age of 15 years, a narcotic, to wit, marijuana. He made a motion for new trial which was denied, probation was denied and he was sentenced to state prison. He appeals from the judgment in propria persona. He applied for appointment of counsel on the appeal. Being convinced from our study of the record that the appeal has no merit, we denied the application; defendant was given time within which to file a brief; none has been filed.

There was evidence of the following facts. At about 8:30 p. m., at the Pacific Electric Station in Compton, Duron was accosted by defendant and engaged in conversation. Defendant offered him a drink from a flask of whiskey which was declined. He then offered him a “Mary Jane” which both understood to be a marijuana cigarette which Duron took. Defendant asked 25 cents for the cigarette; Duron explained he only had 17 or 18 cents which he gave to defendant who took it saying “That’s all right. You beat me this time on the price.” Duron immediately took the cigarette to a…