People v. Yancy

Defendant was charged with the crime of possession of heroin. In addition he was charged with a prior felony, to wit, conviction for the sale of marijuana.

After pleading not guilty and denying the prior conviction, defendant, with counsel, waived trial by jury upon the issue of guilt and as to the allegation of the prior conviction. By stipulation the cause was submitted upon the transcript of the preliminary hearing with counsel reserving the right to offer additional evidence. At the trial defendant testified in his own behalf. He was found guilty. His motion for new trial was denied, as…