PEOPLE v. MILLS

Docket No. 6123.

251 Cal.App.2d 420 (1967)

59 Cal. Rptr. 489

THE PEOPLE, Plaintiff and Appellant, v. MACK MILLS, JR., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

May 31, 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 Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

Cary G. Branch for Defendants and Respondents.


CHRISTIAN, J.

The People appeal from an order made under Penal Code section 995, setting aside an information which charged respondents with violation of section 11530 of the Health and Safety Code (possession of marijuana). We uphold the trial court's determination that the evidence heard at the preliminary hearing was not sufficient to sustain an order holding the defendants to answer.

The magistrate's order holding respondents to answer rested entirely...

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