People v. Ikner

WOOD (Parker), J.

In an information defendant was charged with violation of section 11500 of the Health and Safety Code, a felony, in that, on April 4, 1955, “in the County of Los Angeles, State of California,” he unlawfully had heroin in his possession. It was also alleged therein that he had been convicted previously of violation of said section, a misdemeanor. Trial by jury was waived. Defendant was adjudged guilty. The allegation as to prior conviction was stricken out, on the court’s motion, in the interests of justice. Defendant appeals from the judgment.

Appellant asserts that the…