Garcia

Defendant was charged in a secret grand jury indictment with two counts of selling and furnishing a narcotic (marijuana) in violation of Health and Safety Code section 11531. Following a plea of not guilty, defendant waived a jury trial and was adjudged guilty on both counts by the trial court. Defendant filed a notice of appeal in propria persona, and thereafter counsel was appointed to represent his cause in this court.

With respect to the first count in the indictment, the record indicates the following: On the morning of June 9, 1962, one Don Reed telephoned the Temple City Sheriff's station and spoke with Deputy Sheriff Thornberg of the narcotics detail. At this time Reed was out on bail pending a trial for possession of narcotics, and the sheriff’s department was using him as an informant and undercover narcotics agent. Reed told Thornberg that he was going to see the defendant to buy some marijuana and he offered to assist the narcotics detail in making the purchase. He then came to the sheriff’s station to meet the officers, where he was searched to determine if he had any narcotics on his person. After Reed stated that he was going to pick up defendant so that they could…