PEOPLE v. BARRAZA

Docket No. Crim. 19837.

23 Cal.3d 675 (1979)

591 P.2d 947

153 Cal. Rptr. 459

THE PEOPLE, Plaintiff and Respondent, v. JULIAN ZAPATA BARRAZA, Defendant and Appellant.

Supreme Court of California.

March 15, 1979.


Attorney(s) appearing for the Case

COUNSEL

Paul Arthur Turner, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, S. Clark Moore, Assistant Attorney General, Shunji Asari, Frederick R. Millar, Jr., William R. Pounders, Theodora Berger, Randy S. Morrison-Bruck and Edward T. Fogel, Jr., Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOSK, J.

We confront in this criminal appeal two separate issues: (1) the effect of what may be denominated a mini-Allen charge, i.e., a jury instruction declaring "If you fail to agree upon a verdict, the case will be tried before another jury ..."; and (2) the proper test to be applied to the defense of entrapment.

Defendant appeals from his conviction on two counts of selling heroin (Health & Saf. Code...

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