PEOPLE v. MELCHOR

Docket No. 5023.

237 Cal.App.2d 685 (1965)

47 Cal. Rptr. 235

THE PEOPLE, Plaintiff and Appellant, v. TOMAS A. MELCHOR, Defendant and Respondent.

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

October 26, 1965.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Robert R. Granucci, Albert W. Harris, Jr., and John T. Murphy, Deputy Attorneys General, for Plaintiff and Appellant.

Edward T. Mancuso, Public Defender, and Claude D. Perasso, Deputy Public Defender, for Defendant and Respondent.


MOLINARI, J.

The People appeal from the trial court's order dismissing the information which charged defendant with the unlawful possession of narcotics in violation of Health and Safety Code section 11530. The sole question presented on this appeal is whether the officer who arrested defendant had reasonable and probable cause to do so thus justifying the incident search of defendant's person which disclosed narcotics.

The evidence concerning the arrest and...

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