Ballard

Ballard v. Superior Court of San Diego County

Bad Law
1966 Cal. LEXIS 244·49 Cal. Rptr. 302·64 Cal. 2d 159·410 P.2d 838·18 A.L.R. 3d 1416
Supreme Court of CaliforniaFebruary 15, 1966L. A. No. 28520California6,474 words

Opinion

lead Opinion

Tobriner, J.

Petitioner is a physician charged with the rape of a patient to whom he allegedly administered an intoxicating narcotic or anesthetic substance in order to prevent resistance, a violation of Penal Code section 261, subdivision 4. He petitions for writs of mandate and prohibition (1) to obtain certain evidence allegedly seized illegally by the prosecution; (2) to prohibit the introduction of designated evidence at the trial; (3) to compel certain pretrial discovery; and (4) to restrain the proceedings in the trial court pending the realization of the relief sought. ‘

*163 We hold that this court, upon an extraordinary writ, does not review the trial court’s ruling upon the admissibility of tape recordings of conversations of petitioner and the complaining witness; that since the tape recordings and the transcriptions of them are not properties which have been seized from petitioner, he cannot gain exclusive -possession of them; that in the absence of some showing of good cause, the trial court did not err in refusing to order the prosecution to supply petitioner with the names and addresses of witnesses whom the police or prosecution have interviewed and with the results of a…

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