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PEOPLE v. CUEVAS

Docket No. 12348.

250 Cal.App.2d 901 (1967)

59 Cal. Rptr. 6

THE PEOPLE, Plaintiff and Respondent, v. CARLOS C. CUEVAS, Defendant and Appellant.

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

May 12, 1967.

Attorney(s) appearing for the Case

David C. Marcus, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Edward J. Horowitz, Deputy Attorney General, for Plaintiff and Respondent.

KAUS, P.J.

Defendant was found guilty of a violation of section 11500.5 of the Health and Safety Code (possession of heroin for sale). Unless the search which led to the discovery of the narcotic was legal, the People had no case.

The evidence concerning the legality of the search came from Officer Underhill of the Traffic Enforcement Division of the Los Angeles Police Department. On the day in question, May 10, 1965, at about 3:30 p.m. he was southbound on...

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