Is there a conflict in the evidence as to whether the police entered the room of defendant before speaking to him?
California, United States of America
The following excerpt is from People v. Toulson, 272 Cal.App.2d 181, 77 Cal.Rptr. 271 (Cal. App. 1969):
1 Facts most favorable to the prosecution are necessarily set forth. (People v. Green, 13 Cal.2d 37, 42, 87 P.2d 821.) There is a conflict in the evidence as to whether the officers entered the room of defendant before he spoke to them or not. We adopt, as did the trial court, the version that they entered after requesting permission to do so.
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