Davis

The People appeal from an order granting defendant John Davis a new trial after a jury verdict finding him guilty of selling heroin, a violation of Health and Safety Code section 11501.

An undercover police officer testified to the following. He told one Reginald Reed he “was trying to cop, meaning [he] wanted to make a purchase of heroin.” Reed said that a person known as “J. T.” at 213 Thrift Street could supply such a narcotic. The two men went to that address and found defendant present. Reed told defendant that his companion was “okay.” Defendant thereafter sold both of his visitors heroin. Other officers testified they saw both men enter and leave the 213 Thrift Street premises, after which the undercover officer produced a container of heroin.

Defendant testified that his wife from whom he was separated, and not he, resided at 213 Thrift Street. He said that the first time he ever saw the undercover officer was at the preliminary hearing, and although he knew Reed, he denied ever selling that person or the undercover officer any heroin.

The evidence established a strong case against defendant. Beyond any doubt the jury’s verdict of conviction was supported by…