PEREZ v. SUPERIOR COURT

Docket No. 8712.

250 Cal.App.2d 695 (1967)

58 Cal. Rptr. 635

ROBERT ARMANDO PEREZ, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

May 4, 1967.


Attorney(s) appearing for the Case

Frank L. Williams, Jr., Public Defender, and James R. Goff, Deputy Public Defender, for Petitioner.

Cecil Hicks, District Attorney, and Robert E. Law, Deputy District Attorney, for Respondent and Real Party in Interest.


LAZAR, J. pro tem.*

Petitioner applies for a writ of prohibition to restrain prosecution under Health and Safety Code, section 11530 (possession of marijuana, a felony), contending the marijuana evidence upon which he was bound over for trial was found incident to an unlawful search of his automobile.

On December 3, 1966, a dark night, between 8:15 p.m. and 10:30 p.m., two deputy...

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