People v. Superior Court

Opinion

DEVINE, P. J.

Timothy Peebles and William Pulliam have been charged by a grand jury indictment with conspiracy (Pen. Code, § 182), possessing a destructive device (Pen. Code, § 12303), recklessly and maliciously possessing an explosive in a public place (Health & Saf. Code, § 12304), and placing or using an explosive in or near a school (Health & Saf. Code, § 12305).

Peebles and Pulliam moved to suppress evidence under Penal Code

[381]

section 1538.5. The motion was granted in part and denied in part by the superior court. The accused persons sought a writ of mandate in this court, which we denied. The People seek a writ of mandate to set aside that part of the order which grants the motion to suppress. We have granted the alternative writ as prayed by the People.

On March 5, 1969, during the rehearsal of an opera at San Francisco State College, at about 8 p.m., two men carrying attache cases entered the Creative Arts Building. The men have been identified as Peebles and Pulham. A few minutes after they entered, there was an explosion. One of the men ran out of the building. ■ The other man was seriously injured. Most, or all, of his fingers were blown off. There was a smell of gunpowder in the air. A ticking sound was heard from the attache case, which was not blown up. An army squad dismantled the bomb within it.

Peebles, the injured man, identified his companion as Pulliam. He gave Pulliam’s address to the police and said that it was possible that he, too, had been injured. Police officers obtained a photograph of Pulliam at the Hall of Justice, went to his apartment, confirmed that he was an occupant by showing the picture to the manager, called out Pulliam’s name and then entered, the manager using his key.

Within the apartment there were found a suitcase and pipes and caps that were similar to those used in other bombs which had been placed at State College. Shells were found from which gunpowder had been removed.

The subject of the present inquiry is the material which the trial court suppressed as evidence. The material in question is ammunition and weapons found in a closet, a letter which was found on the top of the drawer of a desk, and a Greyhound Bus receipt, also found in the desk drawer. The contents of the letter allegedly are incriminating, but at this time we do not need to analyze the subject matter nor to rule on the admissibility of the letter except as relates to its finding. The court suppressed these items on the ground that the officers were satisfied, before finding them, that Pulliam was not in the apartment.