Ruiz

An indictment filed by the grand jury of Los Angeles County charged defendant with two counts of sale of heroin (in violation of section 11501 of the Health and Safety Code), occurring on or about January 5, and 18, 1961, respectively. Defendant pleaded not guilty. Trial was by the court, trial by jury having been duly waived and defendant was found guilty as charged. Probation was denied and defendant was sentenced to state prison for the term prescribed by law, sentences on each count to run concurrently with each other.

Viewed from the point of view of the prosecution, a summary of the facts follows: William Arthur Jones, a police officer for the City of Los Angeles, assigned to the narcotics division as an undercover agent, testified that on January 5, 1961, he met defendant in the vicinity of Market and Ocean Front Walkway in Venice. It was the first time the officer had met defendant, whom he then knew only as “Eddie.” Officer Jones asked defendant if he could “score some heavy stuff” for him. The officer testified that he was familiar with the language used by persons using and dealing in narcotics, and in narcotics jargon this indicated the officer wanted to buy heroin.…