Nerger

Appellant, a physician, was found guilty of violating sections 11163 and 11164 of the Health and Safety Code which involve dispensing narcotics for the purpose of narcotics addiction. The appeal is taken from the judgment of conviction and from the order denying a new trial. The appeal from the latter is dismissed (Pen. Code, § 1237, subd. 2; People v. Eppers, 205 Cal.App.2d 727, 728 [ 23 Cal.Rptr. 222 ].)

On January 20, 1964, state narcotics agents went to the vicinity of appellant’s office with one John Perrier, a patient. Perrier was an addict and was being treated by appellant for liver and asthma ailments. Appellant testified that he knew of Perrier’s addiction and supplied him with narcotics in initially large but later decreasing amounts in order to cure him.

On the occasion of January 20, Perrier was given state funds and went into appellant’s office and returned with an ampule of clear fluid; the fluid was analyzed and at least one of the agents was notified of its contents but its nature is not revealed by the record.

On January 24, 1964, Agent Barry accompanied Perrier as far as the lobby of the appellant’s office building and the procedure was repeated.

A few days…