Defendant was convicted in a case tried to the court below without a jury on two counts of selling a dangerous drug (lysergic acid diethylamide, or LSD-25). He appeals from the conviction and sentence imposed.
The facts as stated in the agreed statement, which raise the basic question in this appeal, are as follows:
"[Defendant], Craig M. Duarte, was charged by information filed May 14, 1970...
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