PEOPLE v. WILLMIRTH

Docket No. 292.

247 Cal.App.2d 513 (1966)

55 Cal. Rptr. 678

THE PEOPLE, Plaintiff and Appellant, v. EDWIN EARL WILLMIRTH, Defendant and Respondent.

Court of Appeals of California, Fifth District.

December 28, 1966.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Raymond M. Momboisse and Nelson P. Kempsky, Deputy Attorneys General, for Plaintiff and Appellant.

Gordon A. Olsson for Defendant and Respondent.


CONLEY, P.J.

The state appeals from an order of the superior court setting aside an information, pursuant to section 995, subdivision 2, of the Penal Code, charging the defendant with possession, planting and cultivating marijuana. Based on the evidence received at the preliminary examination, the judge of the municipal court held that it appeared to him that the offense of violation of section 11530 of the Health and Safety Code had been committed, and that there...

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