CASTANEDA v. SUPERIOR COURT

Docket No. L.A. 27150.

59 Cal.2d 439 (1963)

380 P.2d 641

30 Cal. Rptr. 1

HENRY CASTANEDA, Petitioner v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

April 18, 1963.


Attorney(s) appearing for the Case

Frank C. Wood, Jr., for Petitioner.

No appearance for Respondent.

William B. McKesson, District Attorney, Harry Wood, Robert J. Lord and Harry B. Sondheim, Deputy District Attorneys for Real Party in Interest.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, as Amici Curiae on behalf of Real Party in Interest.


TRAYNOR, J.

By information petitioner was charged with possession of heroin in violation of Health and Safety Code, section 11500. His motion to set aside the information on the ground that the evidence against him was obtained by an illegal search and seizure was denied, and he now seeks prohibition to prevent his trial. (See Badillo v. Superior Court, 46 Cal.2d 269, 271 [294 P.2d 23

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