Heathman v. Vant

By indictment, appellant was accused of the crime of attempted murder (Pen. Code, §§ 664, 187) and, in a second count, he was accused of the crime of possession of a narcotic in violation of section 11500 of the Health and Safety Code. A jury returned a verdict finding him guilty of possessing a narcotic but was unable to reach a verdict on the attempted murder charge. Appellant was granted probation on certain conditions, including confinement in the Adult Detention Facility of the County of San Diego for a period of 60 days and payment of a fine in the sum of $250. He appeals from the judgment and order granting him probation, claiming that the trial court committed prejudicial error in instructing the jury and that the evidence was insufficient to support the verdict.