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PEOPLE v. MAGDELENA

Docket No. 8844.

238 Cal.App.2d 613 (1965)

48 Cal. Rptr. 33

THE PEOPLE, Plaintiff and Respondent, v. FRANK MAGDELENA, Defendant and Appellant.

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

December 7, 1965.

Attorney(s) appearing for the Case

Sheldon Rosenfield, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Charles R. Kocher, Deputy Attorney General, for Plaintiff and Respondent.

FLEMING, J.

Appeal from a conviction for possession of narcotics (Health & Saf. Code, § 11500).

Magdelena complains that (1) evidence against him was obtained by an unlawful search, and (2) his confession was improperly received in evidence.

Magdelena's search resulted from his arrest under the following circumstances. For a month prior to the arrest sheriff's deputies assigned to the narcotic detail had intermittently kept watch over a vacant...

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