People v. Dominguez

BURCH, J. pro tem. *

Defendant was charged and convicted of the possession of a narcotic (Health & Saf. Code, §11500); with one prior felony conviction (stealing a vehicle). He appeals from the judgment and order denying a new trial. The question raised concerns the use of evidence obtained by a police officer by a search of defendant’s home without a search warrant. (Cal. Const., art. I, § 19.)

A few minutes before midnight on October 17, 1955, William A. Palm, a San Diego police officer saw the defendant in the 3700 block of 44th Street, San Diego, in company with one Maxie. The officer had…