PEOPLE v. PRIETO

Docket No. 3822.

191 Cal.App.2d 62 (1961)

12 Cal. Rptr. 577

THE PEOPLE, Respondent, v. PETER AGUIRRIE PRIETO, Appellant.

Court of Appeals of California, First District, Division One.

April 10, 1961.


Attorney(s) appearing for the Case

Helm & Corbett for Appellant.

Stanley Mosk, Attorney General, and Arlo E. Smith, Deputy Attorney General, for Respondent.


TOBRINER, J.

We shall consider each of appellant's contentions on appeal: (1) that the police illegally executed a warrant, which purported to grant authority to search appellant's home during the nighttime; (2) that the court improperly refused to permit appellant to show the falsity of the averments in the affidavit supporting the warrant in that the court incorrectly held that appellant's failure to pursue sections 1539 and 1540 of the Penal Code precluded him...

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