Batiste

This is an appeal from a judgment of conviction of selling heroin.

In an indictment filed in Los Angeles County on May 28, 1964, defendant in count I was charged with selling heroin on February 12, 1964, in violation of section 11501, Health and Safety Code; in count II with selling heroin on February 24, 1964, and in count III with the same offense on February 25, 1964. Defendant pleaded not guilty. In a nonjury trial defendant was found guilty as charged and sentenced to the state prison, the terms to run concurrently. A timely notice of appeal was filed.

A résumé of some of the facts is as follows : Officer Williams, of the Los Angeles Police Department, an expert in the customs, use and sale of narcotics in Los Angeles County, was parked in a parking lot on February 12, 1964, at about noontime. Williams was with Samuel Kinsey. Kinsey left Williams’ car and returned in about five minutes with defendant. Kinsey, in Williams’ presence, asked defendant, in effect, if he had any heroin to sell and defendant replied in the affirmative. Kinsey stated, in effect, that he wanted to purchase one container of heroin. At that time Williams handed to Kinsey a $10 bill. Kinsey handed the…