People v. Walker

An information was filed against the defendant charging him with a violation of section 11500, Health and Safety Code, in that he had “in his possession a preparation of heroin.” He was arraigned and entered thereon a plea of not guilty. On the day of trial, in open court, defendant and his counsel both expressly waived his right to a trial by jury. After a short interval during which the lower court dealt with other matters, the case was called for trial, at which time the district attorney moved to amend the information, by way of interlineation, to charge sale of heroin in lieu of…