Gomez

Accused of the sale of marijuana Paz G. Gomez was convicted in a jury trial and was sentenced to state prison. He appeals from the judgment.

The points on appeal are (1) insufficiency of the evidence; (2) unwarranted limitation of the cross-examination of a witness for the People; (3) improper receipt of evidence of the People in rebuttal; and (4) failure of the court to instruct of its own motion upon the defense of alibi. We have reached the conclusion that the evidence was sufficient to justify the verdict and that other grounds of appeal are untenable.

In support of the claim of insufficiency of the evidence, it is contended that there was no credible evidence to prove a transaction involving a narcotic or to identify defendant as a participant in such a transaction. There was evidence of the following facts. One Russell Stefan, a user of narcotics, had been given money by police officers of the narcotic detail for use for rendering assistance in the apprehension of narcotic offenders. He has used the money for his own purposes and had reported to the officers that he had been robbed. While under arrest upon a narcotic charge, he offered to assist the officers in…