People v. Lopez

WOOD (Parker), J.

Defendant was accused of violating section 11500 of the Health and Safety Code in that he unlawfully sold heroin. In a trial by jury, he was convicted. He appeals from the judgment.

Appellant contends that, as a matter of law, the court abused its discretion “in refusing to consider” appellant’s application for probation; and that the court erred in failing to instruct the jury that evidence as to other offenses was introduced for a limited purpose.

Deputy Sheriff Natividad testified that on November 4, 1955, about 7 p. m., he approached defendant, who was in front of the El…