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PEOPLE v. GALE

Docket No. Crim. 5769.

46 Cal.2d 253 (1956)

294 P.2d 13

THE PEOPLE, Appellant, v. PAUL EDSON GALE, Respondent.

Supreme Court of California. In Bank.

February 24, 1956.

Attorney(s) appearing for the Case

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

Giles B. Jackson and H. Clay Jacke 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 was obtained by an illegal search and seizure in violation of his constitutional rights. The People appeal.

Defendant was arrested after he had stopped at approximately 12:15...

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