Island

This is an appeal from a judgment of conviction of three counts of selling heroin.

In an indictment filed November 29, 1961, in Los Angeles County, defendant was charged with selling heroin on August 1, 1961, August 2, 1961, and August 11, 1961. It was further set forth that defendant previously had been convicted of an offense involving narcotics. Defendant pleaded not guilty and denied the prior conviction. A jury was waived. A trial was had and defendant was found guilty as charged. It was also found that the defendant previously had been convicted as charged. Defendant applied for probation, which was denied, and he was sentenced to the state prison.

A résumé of some of the facts is as follows: Jerry Chavous, a Los Angeles policeman assigned to the narcotics squad, was acting as an undercover officer on August 1, 1961. On that date, at a hotel, the officer saw defendant, who was known to him as “Nick” and “Nap.” The defendant was with George Grady, an informant. The officer handed Grady $30 and Grady in turn handed the money to defendant. Grady stated to the defendant that he, Chavous, wanted “a deuce” (which translated meant a half gram of narcotics). The defendant took…