People v. Jackson

Thomas Jackson was charged by information in Count I with selling, furnishing and giving away a preparation of heroin on February 25, 1957; in Count II, with selling and furnishing a substance falsely represented to be a narcotic on March 2, 1957; and in Count III, with the commission of a like offense on March 5,1957. (Health & Saf. Code, §§ 11500, 11502.) It was also alleged that defendant had suffered two previous felony convictions and had served terms of imprisonment therefor in state prison. Jackson pleaded not guilty and denied the prior convictions. Trial was to the court. As shown by the reporter’s transcript the court found defendant guilty as charged in the information. As shown by the clerk’s transcript he was found guilty on Count III and the court also found to be true the allegations of the prior convictions. Jackson’s application for probation was denied. The court dismissed Counts I and II of the information and sentenced defendant to state prison on Count III for the term prescribed by law. Jackson appeals from the judgment.

The evidence consisted of that received at the preliminary hearing and additional evidence introduced at the trial. Bart Natisin, a Los…