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RIDEOUT v. SUPERIOR COURT

Docket No. S.F. 22530.

67 Cal.2d 471 (1967)

432 P.2d 197

62 Cal. Rptr. 581

PHILLIP WYTHE RIDEOUT et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

October 10, 1967.

Attorney(s) appearing for the Case

R. Donald Chapman, Public Defender, and Terry A. Green, Deputy Public Defender, for Petitioners.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Robert R. Granucci, James B. Cuneo and Michael Phelan, Deputy Attorneys General, for Real Party in Interest.

BURKE, J.

Phillip Rideout and Ronald Perry seek prohibition restraining the Santa Clara County Superior Court from taking any further action upon an information charging them with transportation of marijuana (Health & Saf. Code, § 11531).

Following a preliminary hearing on the charge the committing magistrate held petitioners to answer. The information was filed, and a motion to set it aside on the ground they were committed without probable cause...

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