People v. Superior Court

FEINERMAN, J. pro tem. *

Petitioner seeks a writ of mandate directed to respondent court requiring it to annul its action of April 7, 1969, suppressing evidence in a criminal prosecution against real party in interest (hereinafter referred to as the defendant). The motion is made pursuant to Penal Code section 1538.5, subdivision (o).

In the proceeding pending in the respondent court, the defendant is charged with a violation of Penal Code section 459, burglary and a violation of Penal Code section 496, receiving stolen property. Defendant’s motion to suppress under Penal Code section 1538.5…