People v. Clark

Respondents Avere each charged by information with one count of violating Penal Code, section 459 (burglary). Their motion to set aside the information under Penal Code, section 995 was granted. The People appeal from the order granting the motion. (Pen. Code, § 1238, subd. 1).

On August 4, 1966 betAveen 9:30 and 10 p.m., Dean Hummer, the manager of a Harley-Davidson motorcycle shop in Van Nuys locked the premises and left. At approximately 3:05 a.m., Officer Meyerhoff was in the vicinity of the shop when he heard a burglar alarm from the motorcycle shop. He saw that the front door was open and called for a sergeant to be sent to the location.

At about 3:10 a.m., while the officer was awaiting the arrival of the sergeant, a citizen in an automobile stopped at the store and identified himself as a Mr. Nichols. Mr. Nichols told Meyerhoff that a motorcycle that he had observed there on a previous occasion was missing, and described the motorcycle as “a Harley-Davidson, blue, with chrome, and . .. that he believed he knew who had taken the motorcycle.” Nichols said that he “kind of figured” it was taken by his neighbor and gave the neighbor’s address. Nichols said “that he didn’t…