Vassar

Defendant-appellant was charged with and was convicted by a jury of unlawfully, and in violation of Health and Safety Code, section 11502, furnishing, giving and administering a narcotic other than marijuana, to wit, heroin, to a minor, Harry James Montellano, on July 6, 1961.

Factual Background

About 10 p. m., on July 6, 1961, Harry James Montellano, aged 18, went to defendant’s house in Indio in his ear, talked to defendant about narcotics, and when defendant asked him if he wanted a “fix,” Montellano said “Yes.” Defendant left the house for about five minutes and picked up the “fix” somewhere in the yard and returned. They went in defendant’s car to a rock pit, parked, and Montellano watched out for cars while defendant put the “stuff” into a spoon, added a little water, lighted a match and cooked it. Defendant then put the “stuff,” which was brown in color, into a hypodermic needle and gave it to Montellano, who injected himself in the arm with the needle. After pulling the needle out, Montellano passed out. Bn route to the City of Indio, and shortly after midnight, defendant had an accident with his car and a police captain saw defendant standing beside the left fender of…