Hernandez

Defendant appeals from conviction after jury verdict of violation of section 11502, Health and Safety Code (sale of heroin to a minor).

Questions Presented

1. No error in denial of new trial on ground of newly discovered evidence.

2. Evidence of prior offense admissible and testimony concerning it by alleged accomplice did not require corroboration.

3. Testimony of minor admissible in spite of police tactics.

4. Sufficiency of the evidence.

Record

Ruben Venegas, a minor 17 years of age, together with Ray Cardova and Punchie Vitalis were involved in February 1970 in a burglary in Sacramento County. Venegas’ part in the affair was to designate the house to be “hit,” drive the car of the burglars to the house, wait outside and then help load the stolen articles into the car. The trio then went to the home of Rudy Flores in Broderick, Yolo County, where defendant was present. The stolen property was purchased by defendant and Flores, who paid Venegas therefor in heroin and the other two in money and heroin. Defendant cut the heroin before giving it to the trio. The three then went to Vitalis’ home where they “shot up heroin,” Venegas taking it for the first…