Randall

This appeal was heard and decided in the Appellate of the Superior Court of Los Angeles County and was thereafter transferred here on certification, pursuant to rules 61-69, California Rules of Court, to settle an important question of law. Since we believe the opinion of the appellate department correctly decides the issue, we adopt it. That opinion follows verbatim.

This is an appeal by the People from an order of a magistrate dismissing a felony complaint after suppressing the evidence because the magistrate found it to be the product of an illegal search and seizure.

The respondent fully argues the appeal on the merits, but it is not clear whether he concedes that “the People may properly appeal,” his brief stating only that “that point is well settled and is entirely unnecessary to discuss.”

The People, although they wish us to hear the appeal, concede that the law is not settled and they have very fairly raised the issue and have called our attention to the following cases: People v. Joseph (1957) 153 Cal. App.2d 548 [ 314 P.2d 1004 ] (which holds that there is no appeal to the Court of Appeal and assumes there is no appeal to this court); People v. Barksdale…