Schilling

People v. Schilling

Bad Law
188 Cal. App. 3d 1021·1987 Cal. App. LEXIS 1297·233 Cal. Rptr. 744
Court of Appeal of CaliforniaJanuary 20, 1987B017967California3,791 words

Opinion

Opinion

McCLOSKY, J.

A jury found defendant Ralph David Schilling guilty of voluntary manslaughter (Pen. Code, § 192), a lesser and necessarily included offense of murder (Pen. Code, § 187) with which he was originally charged. The jury further found true the allegation that defendant personally used a firearm during the commission of the offense. (Pen. Code, §§ 12022.5 and 1203.06, subd. (a)(1).) Defendant was sentenced to state prison, and he now appeals.

Defendant contends (1) that the trial court erroneously denied his motion to quash and traverse search warrant No. 23717 and (2) that the trial court erred in limiting his cross-examination of a particular witness. We shall conclude that neither of these contentions is meritorious and shall affirm the judgment.

Search warrant No. 23717, which was executed and served on February 6,1985, authorized law enforcement officials to search defendant’s residence in Arleta, California. Defendant maintained that his motion to quash and traverse should have been granted and the evidence obtained as the result of the search of his residence suppressed because the search warrant was not supported by probable cause and because it failed to describe…

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