PEOPLE v. EVANS

Docket No. 1432.

175 Cal.App.2d 274 (1959)

345 P.2d 947

THE PEOPLE, Appellant, v. JOHNNIE EDWARD EVANS, Respondent.

Court of Appeals of California, Fourth District.

November 13, 1959.


Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Elizabeth Miller, Deputy Attorney General, for Appellant.

Edward L. Bracklow, for Respondent.


GRIFFIN, P.J.

Defendant was charged by information with the unlawful possession of a narcotic, to wit, marijuana. The trial court dismissed the information under section 995, Penal Code, on the grounds that the only evidence against defendant was the product of an illegal search conducted incident to an arrest unauthorized by law.

The evidence presented at the preliminary examination in the municipal court showed that on April 18, 1959, at about 1:45 a.m....

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