Rupar
People v. Rupar
Opinion
Opinion
Bray, J.
After conviction by the court (jury having been waived) of violation of Penal Code, section 459 (burglary) and sentence granting probation, defendant appeals from the judgment of conviction and sentence.
Questions Presented
1. Was search of defendant’s premises illegal because no Dorado warning was given ?
2. Was force and coercion used to obtain defendant’s permission to search her premises ?
3. Did the court err in not requiring identity of the police informant to be disclosed ?„
1. Consent
Inasmuch as no contention is made that the evidence was insufficient to justify the court's judgment of guilt, it is unnecessary to detail the evidence at the1 trial except as it affects the legal questions presented. The court found defendant guilty of burglary in entering the Ivy Room Bar in the City of Vista with intent feloniously to commit theft. Prior to trial defendant moved, under section 995, to set aside the information on practically the same grounds as are urged on this appeal. The motion was denied.
On June 19, 1965, the Ivy Room Bar was burglarized. On July 7, Deputy Sheriffs Banning and Breen went to defendant’s home. They had received “information through investigation”…