Opinion

People v. Dixon

46 Cal. 2d 456
296 P.2d 557
1956 Cal. LEXIS 200

Court: California Supreme Court
Filed: May 4, 1956
Status: Published
Author: Spence
On the bench: Traynor, Carter, Spence
Cited by: 56 cases
Authority: More cited than 4.8%

The opinion

SPENCE, J.

I dissent.

The record clearly shows that defendant had committed and was committing a felony at the time of her arrest. I am therefore of the opinion that the arrest was lawful (Pen. Code, § 836, subd. 2); that the search made as an incident of that arrest was a reasonable search; and that the evidence obtained as the result of such search was properly admitted. (See dissenting opinion in Badillo v. Superior Court, ante, pp. 269, 273 [ 294 P.2d 23 ].) I would affirm the judgment and the order denying a new trial.

Shenk, J., concurred.

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