People v. Kennedy

Defendants James Wayne Kennedy (Kennedy) and Charles Eugene Nitz (Nitz) appeal from judgments imposing prison sentences upon defendants respectively for possession of heroin.

Kennedy and Nitz were found guilty of possession of a narcotic, heroin (Health & Saf. Code, § 11500), transporting heroin (Health & Saf. Code, § 11501), and possessing marijuana (Health & Saf. Code, § 11530).

Kennedy was found, also, to have suffered two prior convictions for possession of a narcotic; Nitz to have had three prior convictions for sale of a narcotic and one for conspiracy to violate Health and Safety Code, section 11500.

The points raised on appeal are these: a claim that the contraband received in evidence over the objections of defendants was the product of an illegal search and seizure; that the evidence is insufficient to support a finding of guilt; that the trial judge had actual bias against defendants; and that the trial judge did not have jurisdiction to try defendants because he erred in not allowing a challenge intended to be made under section 170.6, Code of Civil Procedure.

Was There An Illegal Search ?

No. The claim of defendants is premised upon the claimed lack of probable…