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PEOPLE v. HENRY

Docket No. Crim. 10514.

65 Cal.2d 842 (1967)

423 P.2d 557

56 Cal. Rptr. 485

THE PEOPLE, Plaintiff and Respondent, v. JOHN LEE HENRY, Defendant and Appellant.

Supreme Court of California. In Bank.

February 17, 1967.

Attorney(s) appearing for the Case

Erling J. Hovden, Public Defender, Wilbur F. Littlefield and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Respondent.

BURKE, J.

Defendant was convicted of possession of marijuana (Health & Saf. Code, § 11530), and it was found that he had previously been convicted of the same offense. A motion for a new trial was denied, and he was sentenced to prison. He appeals, contending that the trial court over objection improperly admitted marijuana obtained in an illegal search. We have concluded that the trial court's failure to find whether there was a valid consent to the search...

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