People v. Holly

Opinion

LILLIE, Acting P. J.

By information defendant was charged in count I with possession for sale of heroin (§ 11351, Health & Saf. Code) and in count II with using and being under the influence of heroin (§ 11550, Health & Saf. Code). Evidence was taken at a joint hearing on a section 1538.5 motion and trial; the motion was denied. By stipulation the cause was submitted on this evidence. Motion for acquittal (§ 1118, Pen. Code) on the ground of insufficiency of evidence to support possession for sale was granted on count I after amendment to the information (by stipulation) adding count…