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PEOPLE v. CROWLEY

Docket No. 3879.

193 Cal.App.2d 310 (1961)

14 Cal. Rptr. 112

THE PEOPLE, Respondent, v. EDWARD JOSEPH CROWLEY, Appellant.

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

June 26, 1961.

Attorney(s) appearing for the Case

Irving Shore, under appointment by the District Court of Appeal, Sloane & Shore, Paul E. Sloane, Marvel Shore and Dwight C. Steele for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith, and John L. Burton, Deputy Attorneys General, for Respondent.

BRAY, P.J.

Defendant having waived a jury trial was convicted by the court of violation of section 11500, Health and Safety Code (possession of heroin). He appeals.

QUESTION PRESENTED

Did the seizure of heroin in the hand of defendant constitute an unlawful seizure?

While in his brief defendant contended that the actions of the police in seizing the narcotic in defendant's hand brought the case within the rule of Rochin v. California...

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