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PEOPLE v. MILLER

Docket No. 3909.

193 Cal.App.2d 838 (1961)

14 Cal. Rptr. 704

THE PEOPLE, Respondent, v. CECIL MILLER, Appellant.

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

July 19, 1961.

Attorney(s) appearing for the Case

Edward T. Mancuso, Public Defender, and Waldo F. Postel, Deputy Public Defender, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and Derald E. Granberg, Deputy Attorney General, for Respondent.

BRAY, P.J.

Defendant appeals from a judgment of conviction, after jury verdict, of violation of section 11500, Health and Safety Code (possession of heroin), and from the order denying new trial.

QUESTIONS PRESENTED

1. Validity of arrest and search. Did the similarity of names justify the action of the police officers?

2. Was the search unreasonable?

EVIDENCE

Police Officer Weiss, within a period of one and a half to two...

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