Kiihoa

This is an appeal from defendant’s second conviction of the sale of narcotics in violation of Health and Safety Code, section 11500. The conviction was reversed (People v. Kiihoa, 53 Cal.2d 748 [ 3 Cal.Rptr. 1 , 349 P.2d 673 ]), on the ground that appellant was denied a fair trial in that the prosecution of the charge was deliberately postponed until an informer who participated in the sale had departed from the jurisdiction.

Prior to commencement of his second trial, defendant moved to dismiss the action on the ground that because of the state’s conduct as set forth in People v. Kiihoa, supra, 53 Cal.2d 748 , he was denied his constitutional right to a speedy trial (U.S. Const., 6th Amend.; Cal. Const., art. I, §13). The motion was denied, trial was had, the informer was produced and testified against defendant.

Prom the judgment defendant appeals on the grounds (1) he was denied a speedy trial for the reason urged on his motion for dismissal or, alternatively, was placed once in jeopardy so as to preclude his second trial (U.S. Const., 5th Amend.; Cal. Const., art. I, § 13) ; (2) he was deprived of a fair trial by the prosecuting attorney’s purported appeal to passion and…