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PEOPLE v. FISCHER

Docket No. Crim. 6144.

49 Cal.2d 442 (1957)

317 P.2d 967

THE PEOPLE, Appellant, v. JOHN JACK FISCHER, Respondent.

Supreme Court of California. In Bank.

November 22, 1957.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, William B. McKesson, District Attorney (Los Angeles), Jere J. Sullivan, Lewis Watnick and Fred N. Whichello, Deputy District Attorneys, for Appellant.

Henry Galen for Respondent.

SHENK, J.

By information the defendant was charged with one count of bookmaking, one count of unlawfully keeping and occupying an apartment for the purpose of recording and registering bets on horse races, and one count of having recorded and registered a bet or bets on horse races. His motion to set the information aside (Pen. Code, § 995) was granted on the ground that the evidence against him was obtained by illegal...

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