People v. Avila

Defendant, after a court trial, has appealed 1 from a judgment convicting him of two counts of selling marijuana in violation of section 11531 of the Health and Safety Code, and sentencing him to state prison after the denial of his motion for probation.

The People established two sales: one on January 11, 1966, and one on January 24, 1966, each of which was consummated through the intervention of an informer whose identity, if not his perfidy, was well known to the defendant, but was not disclosed in the indictment or the proceedings before the grand jury which led to the charge. Defendant…