People v. Grays

Defendants Benjamin Grays and Alfred Smith, Jr., were jointly charged by indictment with two counts of selling heroin, in violation of section 11501 of the Health and Safety Code. Defendant Smith subsequently entered a plea of guilty, and the case proceeded to trial against defendant Grays only. After a trial by jury, he was acquitted of the first count and convicted of the second. He appeals from the judgment of conviction.

The evidence bearing upon the offense charged in the second count of the indictment may be summarized as follows: Sometime between 8 and 9 p.m. on August 11, 1966, Walker,…