People v. Phillips

In an information filed by the District Attorney of Sacramento County defendant was charged in count one of deriving support and maintenance, in whole or in part, from the earnings and proceeds of a prostitute, knowing that such earnings and proceeds were derived from acts of prostitution; and, in count two, of soliciting for a prostitute.

At the conclusion of the trial the first» count was dismissed. Defendant was convicted on the second count.

On this appeal it is contended first that the trial court should have instructed the jury to disregard all testimony relating to the first count,…