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PEOPLE v. LOPEZ

Docket No. 12249.

251 Cal.App.2d 918 (1967)

60 Cal. Rptr. 72

THE PEOPLE, Plaintiff and Appellant, v. PHILLIP LARRY LOPEZ, Defendant and Respondent.

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

June 21, 1967.

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.

Manuel Valenzuela for Defendant and Respondent.

FLEMING, J.

The People appeal from an order granting a new trial and setting aside an information which charged the defendant with possession of marijuana.

The case centers around the fact that at the time of defendant's arrest he had on his person (a) marijuana, possession of which is a felony (Health & Saf. Code, § 11530) for which he was prosecuted in superior court, and (b) hypnotic drugs, possession of which is a misdemeanor (Bus. & Prof...

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