Price v. Superior Court

BURKE, J.

I dissent. I would uphold the trial court’s determination that the informer was not a material witness on the issue of guilt, and that disclosure of his identity was. not prerequisite to a fair trial.

I concur in that portion of the dissenting opinion of Justice Mosk upholding the sufficiency of the affidavit for the issuance of the search warrant for the reasons stated therein.

I would deny the issuance of a writ under these circumstances.

McComb, J., concurred.

The petition of the real party in interest for a rehearing was denied February 25, 1970. McComb, J., and Burke, J„ were of the opinion that the petition should be granted.