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PEOPLE v. ROY

Docket No. 1918.

222 Cal.App.2d 156 (1963)

34 Cal. Rptr. 846

THE PEOPLE, Plaintiff and Appellant, v. JAMES KINNEY ROY, Defendant and Appellant.

Court of Appeals of California, Fourth District.

November 7, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, Lowell E. Lathrop, District Attorney, and J. Lewis Liesch, Deputy District Attorney, for Plaintiff and Appellant.

Charles E. Ward, Public Defender, and Grace M. Storey, Deputy Public Defender, for Defendant and Respondent.

BROWN (Gerald), J.

The plaintiff has appealed from an order dismissing an information under Penal Code section 995, which provides that an information must be set aside upon motion where "... the defendant had been committed without reasonable or probable cause."

Officers were investigating a known narcotics user named Ethel, and while talking to her on a public street in the City of San Bernardino about 9:30 p.m. in the presence of three other persons, one...

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