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PEOPLE v. MARTIN

Docket No. Crim. 5767.

45 Cal.2d 755 (1955)

290 P.2d 855

THE PEOPLE, Appellant, v. JAMES MARTIN, Respondent.

Supreme Court of California. In Bank.

December 9, 1955.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, S. Ernest Roll, District Attorney (Los Angeles), Jere J. Sullivan and Lewis Watnick, Deputy District Attorneys, for Appellant.

John J. Bradley and Max Solomon for Respondent.

A.L. Wirin and Fred Okrand as Amici Curiae on behalf of Respondent.

TRAYNOR, J.

By information defendant was charged with two counts of horse-race bookmaking (Pen. Code, § 337a, subd. 1) and two counts of keeping and occupying premises for the purposes of such bookmaking. (Pen. Code, § 337a, subd. 2.) The trial court granted defendant's motion to set the information aside (see Pen. Code, § 995) on the ground that all of the evidence against him had been obtained by illegal...

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