People v. Peterson

Defendants appeal from the judgments of conviction entered against them following a jury trial in which they were charged with the crime of possessing heroin for purposes of sale in violation of section 11500.5 of the Health and Safety Code.

Both appellants assign as error, requiring reversal of the judgments, the failure and refusal of the courts below to permit them to controvert the facts relied upon by the prosecution to justify the issuance of the search warrant used to obtain the incriminating evidence which was used against them.1 We have concluded that this contention is meritorious.

*485The…