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MONTGOMERY v. SUPERIOR COURT

Docket No. 17411.

146 Cal.App.2d 622 (1956)

304 P.2d 206

EARL MONTGOMERY, Petitioner, v. SUPERIOR COURT OF ALAMEDA COUNTY et al., Respondents.

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

December 5, 1956.

Attorney(s) appearing for the Case

George Nye, Public Defender, and R. Donald Chapman, Assistant Public Defender, for Petitioner.

J.F. Coakley, District Attorney, R. Robert Hunter, Chief Assistant District Attorney, Robert H. McCreary, Assistant District Attorney, and Albert E. Hederman, Jr., Deputy District Attorney, for Respondents.

DOOLING, Acting P.J.

The petitioner has been charged with possession of marijuana. (Health & Saf. Code, § 11500.) He seeks to prohibit further proceedings in his trial on the ground that the marijuana in question was found on his person as a result of an illegal search.

Officer Ingram, who conducted the search, testified that he and other officers were directed by Sergeant Hilliard to go to a public...

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