WOOD, P.J.
Defendants John Gardner and Alma Maxey were accused of violating section 11501 of the Health and Safety Code in that they unlawfully sold opium. In a nonjury trial they were convicted. Probation was denied as to Gardner and he was sentenced to imprisonment in the state prison. Probation was granted as to Maxey. Defendant Gardner appeals from the judgment and the order denying his motion for a new trial.
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