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PEOPLE v. SIMON

Docket No. Crim. 5768.

45 Cal.2d 645 (1955)

290 P.2d 531

THE PEOPLE, Appellant, v. CHARLES A. SIMON, Respondent.

Supreme Court of California. In Bank.

November 29, 1955.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Appellant.

Oscar F. Irwin for Respondent.

A.L. Wirin and Fred Okrand as Amici Curiae on behalf of Respondent.

TRAYNOR, J.

By information defendant was charged with one count of possessing a narcotic in violation of Health and Safety Code, section 11500, a felony. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence against him, other than admissions, was obtained by an illegal search of his person in violation of his constitutional rights. The People appeal.

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