People v. Harris

Opinion

RICHARDSON, J.

Defendant was charged with burglary (Pen. Code, § 459). His motion to suppress evidence (Pen. Code, § 1538.5) was denied. After a jury trial, he was found guilty of first degree burglary and placed on probation. He appeals from the judgment of conviction, asserting that the motion to suppress should have been granted. We have concluded that the motion was improperly denied and that the judgment must be reversed.

The victims, Mr. and Mrs. Marx, were the sole occupants of a residence at 449 South McCadden Place, Los Angeles. They left their home one Saturday evening at 7…