People v. Montalvo

Opinion

WRIGHT, C. J.

In this case we decide whether a conviction of furnishing a narcotic to a minor by an adult (Health & Saf. Code, § 11502) may stand when the information failed to allege that defendant was over the age of 21 years and when the jury was in no way instructed that it must determine as an element of the offense that defendant was an adult before finding him guilty of the said offense. We have concluded that such a judgment of conviction must be reversed.

Defendant was charged by information “of a felony, to wit: Furnishing a Narcotic to a Minor, to wit, Heroin (H&S 11502) in…