PEOPLE v. BURKE

Docket No. Crim. 5898.

47 Cal.2d 45 (1956)

301 P.2d 241

THE PEOPLE, Respondent, v. ROBERT BURKE, Appellant.

Supreme Court of California. In Bank.

September 21, 1956.


Attorney(s) appearing for the Case

Cletus J. Hanifin for Appellant.

Edmund G. Brown, Attorney General, and Robert S. Rose, Deputy Attorney General, for Respondent.


SCHAUER, J.

Defendant appeals from a judgment of conviction of violation of section 11500 of the Health and Safety Code by possession of marijuana. He contends that the judgment should be reversed because evidence which he asserts was illegally obtained was admitted over his objection.

The People do not appeal, but they ask reversal of the judgment for the purpose of having defendant's sentence increased. They contend that the trial court erred in ordering...

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