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PEOPLE v. RIOS

Docket No. Crim. 5786.

46 Cal.2d 297 (1956)

294 P.2d 39

THE PEOPLE, Appellant, v. FREDERICK EDWARD RIOS, Respondent.

Supreme Court of California. In Bank.

February 24, 1956.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, S. Ernest Roll, District Attorney (Los Angeles), Jere J. Sullivan, Lewis Watnick and Fred N. Whichello, Deputy District Attorneys, for Appellant.

Charles Chorna for Respondent.

TRAYNOR, J.

By information defendant was charged with one count of possessing marijuana in violation of Health and Safety Code, section 11500, a felony, and one prior conviction of violating the same section. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence of the crime 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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