CAVE v. SUPERIOR COURT

Docket Nos. 25737, 25777.

267 Cal.App.2d 517 (1968)

73 Cal. Rptr. 167

NORMA MARIE CAVE, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. HIGINIO MONTOYA LUCERO, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Consolidated Cases.)

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

November 21, 1968.


Attorney(s) appearing for the Case

Harrington, Knight & Smith, Clarence B. Knight and George P. Eshoo for Petitioners.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Robert R. Granucci, Deputy Attorney General, for Real Party in Interest.


DEVINE, P.J.

Writ of prohibition is sought to prevent the prosecution of petitioners, who are charged with receiving stolen property. Motion to suppress evidence as having been obtained by an illegal search was made and was denied.

The search was made pursuant to a search warrant which was issued upon an affidavit of a police officer. The affidavit is good in form and unassailable in substance. It recites the...

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