Curry

Roland Jack Henderson (Henderson) and Linda Gail Henderson (Mrs. Henderson) moved under section 1538.5, Penal Code, to suppress certain physical evidence. Floyd Wilson Curry (Curry), a codefendant in the same criminal action, made a like motion. Both motions were denied in part.

The petitions for writs of prohibition have been consolidated for hearing and decision. The petitioners rely upon the transcript of the oral proceedings on the hearing of the motions to suppress and on the transcript of the grand jury hearing which resulted in the indictment of defendants for burglary and for conspiracy to commit burglary.

At about 6:25 a.m. of September 23, 1969, Katherine Martin, through the window of her house on Poe Street, as she watched her husband being driven to work, saw another car come onto Poe Street and to the end of the block, a cul-de-sac into which the car was backed; a man alighted from the driver’s side and, shortly, walked down Poe Street on the Martin side of the street, then around to the other side and went toward the house of Frank Medina. Mrs. Martin knew the Medina family was out of town and expected the man would find no one at home and leave. Instead,…