Ivy

Appellant was convicted by a jury of violating section 11531 of the Health and Safety Code (selling marijuana). The sole question on appeal is the propriety of certain comments made by the judge to the jury during the course of their deliberation.

The issues which apparently inspired the comments on the evidence made to the jury by the judge, were in respect of identification of appellant and his defense of alibi. We therefore adopt the summary of the criminal transaction as set forth in appellant’s brief:

“A narcotics officer of the Long Beach Police Department testified that he had been on the narcotics detail in Long Beach for 3 years. He stated that on February 21, 1965, he was in the company of an informant when he was introduced to appellant. The introduction took place in a bar in Long Beach. The informant told appellant that the officer, who was in plain clothes, was ‘all right’ and that he had ‘done time’. The officer said that that was right, and in the language of the drug trade the officer said that he had served 3 years and 8 months at Terminal Island Prison. Appellant then said ‘ Okay, let’s go’, and they walked out of the bar, and at the appellant’s direction went…