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PEOPLE v. PEREZ

Docket No. 4258.

219 Cal.App.2d 760 (1963)

33 Cal. Rptr. 398

THE PEOPLE, Plaintiff and Appellant, v. JOHN A. PEREZ, Defendant and Respondent.

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

September 5, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, John S. McInerny, Robert R. Granucci and Albert W. Harris, Jr., Deputy Attorneys General, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Edward L. Cragen as Amicus Curiae on behalf of Defendant and Respondent.

DEVINE, J.

The People appeal from an order of dismissal of an indictment of respondent for unlawful possession of heroin and marijuana. Dismissal was on the ground that no evidence except that which had been seized illegally had been produced by the prosecution. The evidence, heroin and marijuana, was taken without a search warrant following arrest of respondent for violation of section 11556 of the Health and Safety Code, which provides: "It is unlawful to visit...

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