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PEOPLE v. SULLIVAN

Docket No. 11465.

242 Cal.App.2d 767 (1966)

51 Cal. Rptr. 778

THE PEOPLE, Plaintiff and Appellant, v. VAYLORD RUFUS SULLIVAN, Defendant and Respondent.

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

June 13, 1966.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Robert Lederman, Deputy District Attorneys, for Plaintiff and Appellant.

H. Randolph Moore, Jr., for Defendant and Respondent.

JEFFERSON, J.

Following a preliminary hearing, defendant was held to answer to the charge of possession of marijuana. (Health & Saf. Code, § 11530.) An information was subsequently filed charging this offense. Defendant moved, under section 995 of the Penal Code, to set aside the information on the ground evidence against him was illegally obtained. The motion was granted and the People appeal pursuant to Penal Code section 1238, subdivision 1.

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