Legal Opinion

People v. Heard

California Court of Appeal

Decided October 23, 1968No. Crim. 14334PublishedCited by 44 opinions

1Opinion of the CourtHerndon, J.

The People appeal from an order granting defendant’s motion to set aside an information under Penal Code section 995. We have concluded that the order must be reversed.

Initially, it may be noted that respondent errs when, citing People v. Superior Court, 264 Cal.App.2d 165, 166, 170 [70 Cal.Rptr. 362], he argues that we are bound by the findings of fact impliedly made by the superior court and that we may reverse its determination only if we conclude that the People have sustained their “burden of proof” and demonstrated that the superior court “did not have substantial evidence in the record…

2Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Beck v. OhioSupreme Court of the United States · 1964
  4. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  5. Rios v. United StatesSupreme Court of the United States · 1960

13 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. People v. WestCalifornia Supreme Court · 1970
  2. People v. LawlerCalifornia Supreme Court · 1973
  3. People v. PreslieCalifornia Court of Appeal · 1977
  4. People v. Superior CourtCalifornia Court of Appeal · 1970
  5. People v. LeeCalifornia Court of Appeal · 1970

39 more not listed; retrieve them via the Exa API.

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