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PEOPLE v. RODRIGUEZ

Docket No. 4025.

242 Cal.App.2d 744 (1966)

51 Cal. Rptr. 873

THE PEOPLE, Plaintiff and Appellant, v. JOHNNIE RODRIGUEZ, Defendant and Respondent.

Court of Appeals of California, Third District.

June 10, 1966.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Theodore N. Slocum, Deputy Attorney General, for Plaintiff and Appellant.

Ross L. Bigler for Defendant and Respondent.

PIERCE, P.J.

The State of California appeals (under Pen. Code, § 1238, subd. 1) from an order granting a motion to set aside an indictment charging defendant with violation of Health and Safety Code section 11530 (possession of marijuana). (In a previous proceeding a motion to quash the information regarding the same offense was granted.) Incriminating evidence at the preliminary hearing and later before the grand jury was marijuana found in a search of defendant...

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