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PEOPLE v. BROWNING

Docket No. 10515.

108 Cal.App.3d 117 (1980)

166 Cal. Rptr. 293

THE PEOPLE, Plaintiff and Respondent, v. PAUL CLYDE BROWNING, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

July 11, 1980.

Attorney(s) appearing for the Case

COUNSEL

T. Roger Duncan, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and M. Howard Wayne, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J. —

THE HOLDING

In this case we hold that a witness to a crime is entitled to the same Fourth Amendment protection afforded the defendant charged with the crime.

AN OVERVIEW

The facts are really quite simple. The defendant is charged with having shot the victim, not once but several times. Unhappily for all concerned, the bullets remain in the victim's body. The defendant says...

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