People v. Superior Court

Petitioner, the People of the State of California acting through its attorney, Evelle J. Younger, District Attorney of the County of Los Angeles, by petition filed pursuant to Penal Code section 1538.5 1 seeks a writ of mandate commanding respondent court to annul its order of April 15, 1968, suppressing evidence in a criminal action 2 against defendant Harvey Keith Smith, real party in interest herein. We issued an alternative writ of mandate. Real party in interest, defendant below, has made a return thereto by demurrer (Cal. Rules of Court, rule 56(e)) asserting in substance that the…