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PEOPLE v. BIEHL

Docket No. 4473.

228 Cal.App.2d 805 (1964)

39 Cal. Rptr. 868

THE PEOPLE, Plaintiff and Appellant, v. CHARLES BIEHL, Defendant and Respondent.

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

July 30, 1964.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Henry B. Lasky, Deputy Attorneys General, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Herbert R. Kessler as Amicus Curiae on behalf of Defendant and Respondent.

AGEE, J.

Defendant moved the superior court under section 995 of the Penal Code to set aside the information on the ground that the marijuana which he is charged with possessing was obtained by illegal search and seizure. The motion was granted and the People appeal from the order of dismissal.

The only witness who testified for the People at the preliminary hearing was state narcotic agent Noel. It was stipulated that the state chemist, if called, would testify...

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