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PEOPLE v. WRIGHT

Docket No. 9168.

236 Cal.App.2d 735 (1965)

46 Cal. Rptr. 360

THE PEOPLE, Plaintiff and Respondent, v. RICHARD GEORGE WRIGHT, Defendant and Appellant.

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

August 20, 1965.

Attorney(s) appearing for the Case

Jess Whitehill, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Calvin W. Torrance, Deputy Attorney General, for Plaintiff and Respondent.

JEFFERSON, J.

This is an appeal from a judgment entered against defendant upon his conviction of possession of marijuana (Health and Safety Code § 11530).

[1a] We reverse the judgment because, in our view, it rests upon an illegal search and seizure.

The case was submitted to the trial court upon the testimony of the arresting officer as contained in the transcript of the preliminary hearing. No additional evidence was offered except...

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