People v. Bennetto

Opinion

McCOMB, J.

Defendant was convicted of manufacturing, and possessing for sale, a restricted dangerous drug, in violation of former sections 11911 and 11912 (now §§ 11378-11379) of the Health and Safety Code. His principal contention on appeal is that the trial court erred in ruling at a pretrial suppression hearing (Pen. Code, § 1538.5) that the entry of police officers into his apartment did not violate section 844 of the Penal Code and that certain evidence seized in the apartment was therefore admissible against him. On the facts of this case, defendant’s contention must be sustained…