Schreiber

Defendant was convicted of one count of transportation and sale of a restricted dangerous drug, LSD, and one count of transportation and sale of a restricted dangerous drug, amphetamine (Benzedrine). He was convicted by a jury and appeals.

On November 10, 1969, Officer Smock of the Buena Park Police Department, acting in an undercover capacity in a narcotic investigation, was introduced to the defendant in a park in Garden Grove by one Michael Moore. The encounter was not prearranged. Defendant said to Smock, “Are you the guy that wants to score [purchase] the hits [narcotics or dangerous drugs]?” Smock answered, “Yeah, if the stuff is' any good I would be interested in scoring.” To this the defendant responded, “If mescaline is really good.” (While this statement is ambiguous, at best, Smock did testify the conversation was centered around mescaline: he believed that is what he was being offered.) There was some conversation about getting “burned” [buying a substance represented to be a narcotic when in fact it is not] to which defendant said that he was at the *814 park all the time and if there was a “bum,” Smock could come back and get his money back. After some…