People v. Burnett

Burnett and one Gallegos were charged in an indictment with the sale of heroin in violation of section 11501, Health and Safety Code. Following conviction by a jury, each defendant unsuccessfully moved for a new trial. Burnett alone appeals from the judgment and the order (denying a new trial). He claims entrapment as a matter of law; his other assignment of error relates to the failure of the court to send the jury back for further deliberations after an equivocal answer by one juror to the question, “Is that your verdict I ’ ’

The principal witness against appellant was one Franklin, a…