PEOPLE v. ELLSWORTH

Docket No. 1471.

190 Cal.App.2d 844 (1961)

12 Cal. Rptr. 433

THE PEOPLE, Appellant, v. GERALD LYNN ELLSWORTH, Respondent.

Court of Appeals of California, Fourth District.

April 5, 1961.


Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, James Don Keller, District Attorney, and Arthur J. O'Keefe, Assistant District Attorney, for Appellant.

Adams & Tom and Richard E. Adams for Respondent.


COUGHLIN, J.

This is an appeal from an order setting aside an information charging the defendant with the offense of possession of marijuana, i.e., a violation of section 11530 of the Health and Safety Code, upon the ground that he had been committed without reasonable or probable cause in that the only evidence of such possession was obtained by an illegal search and seizure.

On the night of August 26, 1960, at 10:45 o'clock, two deputy sheriffs were on patrol...

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