Lara

Defendant was convicted of two counts of selling heroin (§11501, Health & Saf. Code) and a third count with codefendant Mendoza. He appeals from judgment of conviction.

In May 1964, Officer Foresta, Narcotics Division, was introduced by his superior officer to Dave; he did not then know Dave’s address or his last name. Later meetings with Dave were always prearranged. Subsequently he learned “his possible full name” to be David Rodriguez; the officer described him as “a male Mexican, approximately 28, five eleven, 150, black hair, brown eyes. ’ ’

Around 4:15 p.m. on June 15, 1964, in an unmarked police vehicle, Foresta, an undercover narcotics officer, accompanied by Dave, drove to Garrett and Blanchard Streets where Dave pointed out defendant who was standing on the corner; they stopped within 5 or 6 feet of defendant and Dave motioned for him to come over next to the passenger side; Dave asked defendant if he had any “smack” [heroin]; defendant said he did but that he had it loose and would have to cap it, and to return in 20 minutes. The officer waited in the vicinity for approximately 45 minutes, saw defendant on a nearby street corner, approached him and asked him if he had…