People v. Harmon

Defendant was convicted of a felony—illegal possession of narcotics. The body of the information alleges that he wilfully, unlawfully and feloniously had in his possession a narcotic, to wit, heroin.

Health and Safety Code, section 11500, provides that no person shall possess a narcotic “except upon the written prescription of a physician, dentist, chiropodist, or veterinarian licensed to practice in this state.” Defendant contends that the exception must be negatived in the pleading. It has been held that the allegation that defendant unlawfully and feloniously possessed heroin is a…