Newman

In an indictment the defendant was accused of unlawfully selling heroin. It was also alleged that he had been convicted previously of forgery, a felony. In a non-jury trial he was adjudged guilty and the allegation of prior conviction was found to be true. He appeals from the judgment.

Officer Keyes testified in substance as follows: That on October 23, 1962, about 12:30 p.m., while he and Officer *364 Thompson and a man hy the name of “Eddie” were in an automobile at 112th and Croesus Streets in Los Angeles, the defendant Willie Newman and another man came there in a Cadillac automobile. After Eddie had gone to defendant’s ear and talked to him, the defendant came to the Keyes car where Officer Keyes asked whether he had any caps. When he replied in the affirmative, the officer asked how much he was “selling a cap for.” He replied, “$3.00 each.” Each officer and Eddie said that he would take three caps. Defendant said, “Okay, follow me.” They followed him to 120th Street and stopped behind his car. Defendant walked west on that street, returned within a few minutes, entered the Keyes ear, and handed to Officer Keyes a tissue paper containing nine capsules. Each officer handed…