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PEOPLE v. REED

Docket No. 8068.

202 Cal.App.2d 575 (1962)

20 Cal. Rptr. 911

THE PEOPLE, Plaintiff and Appellant, v. JOHN REED, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

April 19, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William B. McKesson, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, for Plaintiff and Appellant.

Ellery E. Cuff, Public Defender, Forrest Latiner and James L. McCormick, Deputy Public Defenders, for Defendant and Respondent.

ASHBURN, J.

The People appeal from an order granting defendant's motion under section 995, Penal Code, to set aside the information charging defendant with possession of marijuana in violation of section 11530, Health and Safety Code. The basis of the ruling seems to be that indispensable evidence was procured by an unreasonable search of defendant's person and seizure of the proscribed marijuana found on him. The trial judge remarked that "it is a borderline case...

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