People v. Alvarez

Defendant Jesus Alvarez appeals from the judgment of conviction which was rendered against him after a nonjury trial upon an indictment charging the sale of heroin in violation of section 11501 of the Health and Safety Code. The sole assignment of error presented for our consideration is the assertion that prejudicial error was committed when the prosecution was allowed to introduce evidence in rebuttal which should have been introduced as part of its case in chief. Appellant necessarily concedes that “there was evidence which, if believed, was sufficient to support the judgment.”

In summary,…