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PEOPLE v. SOTO

Docket No. 3200.

144 Cal.App.2d 294 (1956)

301 P.2d 45

THE PEOPLE, Appellant, v. MIGUEL SOTO, Respondent.

Court of Appeals of California, First District, Division One.

September 4, 1956.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Arlo E. Smith, Deputy Attorney General, and J.F. Coakley, District Attorney (Alameda), for Appellant.

George Nye, Public Defender, and Enid Weseman, Assistant Public Defender, for Respondent.

PETERS, P.J.

Defendant was charged with unlawful possession of heroin, and with a prior conviction of the same offense. After being held to answer, defendant moved, under section 995 of the Penal Code, to dismiss the information. The trial court, on the ground that the sole evidence against defendant had been secured illegally, and was, therefore, inadmissible, dismissed the information. The People appeal.

[1] The first question presented is whether...

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