Cruz

—Convicted by a jury of the charge of selling heroin (Health & Saf. Code, § 11501) and sentenced to state prison, defendant appeals.

On March 1, 1966, an undercover agent of the Riverside County Sheriff's Department purchased four bindles--of heroin from the defendant for the sum of $12. Shortly after the sale, the officer observed the defendant inject a powder substance and fluid into his arm with a hypodermic needle.

Defendant did not testify in his own behalf, but did display his arms to the jurors.

Defendant attacks the judgment of conviction on the following grounds: (1) The evidence of the subsequent crime pertaining to the injection of heroin was improperly admitted inasmuch as it tended to prove an offense other than 'that charged in the information; (2) opinion evidence of a non-expert witness was improperly admitted; (3) evidence of a threat made by defendant against a prosecution witness was improperly admitted; and (4) the district attorney was guilty of misconduct.

The undercover agent testified, without objection, that defendant injected himself with heroin shortly after he had sold heroin to the officer. Defendant maintains that error was committed in the…