People v. Rodriguez

Defendant pleaded not guilty to two counts of an information charging sale of heroin on August 31 and September 3, 1957, in violation of section 11500, Health and Safety Code; and denied two prior felony convictions alleged therein. He waived his right to a trial by jury and by stipulation submitted the cause to the court on the reporter’s transcript of the preliminary hearing, each side reserving the right to offer additional testimony. The trial judge convicted him on both counts, made no finding on the alleged prior convictions, denied probation and sentenced him to the state prison. His…