People v. Gaffney

This is an appeal of right from a jury conviction of the charged offense of the sale of heroin. We omit the citation because the statute has since been repealed and replaced.

Five errors are assigned: First, the impermissible excuse by the trial judge of the production of a res gestae witness because the prosecution failed to demonstrate due diligence in an effort to obtain his presence. Second, the failure of the trial court to submit to the jury the "usable amount” test.

Third, erroneous instruction by reason of the trial court’s reference to the unlawful use of heroin. Fourth, violation of…