Taylor

Defendant appeals from the judgment and order denying his motion for new trial.

The grounds for the appeal are the same as those urged in People v. Wilson, ante, p. 358 [ 48 Cal.Rptr. 638 ] 2d Criminal No. 10827, decided this date.

This appeal is one of a series of cases in which extensive discovery proceedings (detailed in People v. Wilson, supra) were undertaken by the defense to learn the whereabouts of *368 one Samuel Kinsey, a participant-informant, and a material witness. There is no issue as to the sufficiency of the evidence. The appeal is predicated mainly on the grounds that the defendant was deprived of his constitutional rights to a speedy trial, a fair trial and due process of law.

Trial before a jury resulted in a verdict of guilty of violation of section 11501, Health and Safety Code. The evidence showed that Undercover Officer Williams and the informant Kinsey came upon the defendant on East Fifth Street. Kinsey asked the' defendant “Has the man been around yet?” (has the supplier delivered to the street peddler) and the defendant replied: “Are you looking?” (are you seeking to buy _ narcotics ?) Kinsey indicated he was. The defendant walked to the curb, picked…