Tallmadge

Procedure

This defendant was charged with four counts:

A motion to traverse and quash the search warrant was heard and denied in the Municipal Court for the Malibu Judicial District. A preliminary hearing thereafter was held in the same court and the defendant was held to answer. A motion to dismiss the information and a motion to traverse the warrant were denied. A petition for writ of prohibition was also denied without opinion by the Court of Appeal. A petition for hearing in the Supreme Court met the same fate.

After trial by jury, a mistrial was declared on count 1 (jury unable to reach a verdict); on count 2, defendant was found guilty of possession of two items which the jury found to be machine guns (People’s exhibits 5 and 6A); mistrial was declared on count 3 (jury unable to reach a verdict). Defendant was found not guilty of count 4. He appeals from the judgment.

Facts

On February 1, 1977, Officer Duncan responded to a burglary call to go to 1646 - 19th Street, Santa Monica, a building owned by defendant. Two female employees of defendant heard a noise on the second floor of defendant’s building and a silent burglar alarm was recorded by the police. They…