Clyne

People v. Clyne

Good Law
1968 Cal. App. LEXIS 2211·263 Cal. App. 2d 331·69 Cal. Rptr. 559
Court of Appeal of CaliforniaJune 20, 1968Crim. No. 14305California655 words

Opinion

Lead Opinion

Herndon, J.

Defendant appeals from the judgment entered against him following a nonjury trial that resulted in his conviction for the crime of possessing heroin in *332 violation of section 11500 of the Health and Safety Code. Appellant contends that the contraband found in his possession should not have been received in evidence against him since it was the result of an illegal search and seizure. We find this contention to be without merit.

Since appellant elected not to testify or to call any witnesses in his own behalf, the evidence presented is without conflict. Carmella Valle, the manager of a laundromat at 2643 North Figueroa Street, Los Angeles, California, testified that at approximately 1:15 a.m. she saw appellant and his codefendant, Beverly Ames, enter the restroom located inside her establishment. Appellant left the restroom and went to a neighboring market. He remained away for about an hour and then returned and again entered the restroom. Mrs. Valle thereupon called the police and related to them what she had observed.

Officer Kenneth Smith and his partner responded to the call and spoke with Mrs. Valle. They then approached the door of the restroom and “heard a male voice…

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