People v. Barraza

Opinion

MOSK, J.

We confront in this criminal appeal two separate issues: (1) the effect of what may be denominated a mini-Allen charge, i.e., a jury instruction declaring “If you fail to agree upon a verdict, the case will be tried before another jury . . and (2) the proper test to be applied to the defense of entrapment.

Defendant appeals from his conviction on two counts of selling heroin (Health & Saf. Code, § 11352). The first count charged defendant with selling heroin to an undercover narcotics agent of the Los Angeles County Sheriff’s Department on August 25, 1975. At trial, the agent…