People v. Smith

Defendant was charged in two indictments, consolidated for trial, with three counts of selling heroin in violation of section 11500, Health and Safety Code and one prior felony conviction. The court sitting without a jury found defendant guilty as charged and the prior conviction to be true, denied his application for probation and sentenced him to the state prison. He appeals from the judgments of conviction and orders denying motions for new trial.

As to Count I, the evidence discloses that on August 13, 1958, Officer Walton, in the company of one Landry, met defendant at 36th and San Pedro…