PEOPLE v. KING

Docket No. 7914.

5 Cal.App.3d 724 (1970)

85 Cal. Rptr. 461

THE PEOPLE, Plaintiff and Appellant, v. WYATT KING, JR., Defendant and Respondent.

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

March 20, 1970.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Robert R. Granucci and John Henning, Deputy Attorneys General, for Plaintiff and Appellant.

John D. Nunes, Public Defender, and Ross R. Ryder, Assistant Public Defender, for Defendant and Respondent.


OPINION

ELKINGTON, J.

This is an appeal by the People from an order setting aside an information under the provisions of Penal Code section 995. The only question raised is whether police, without a warrant, are permitted to travel over an open automobile driveway alongside a private house to its backyard while pursuing a felony investigation.

Early one morning police officers observed in a vacant lot a stripped engineless...

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