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PEOPLE v. SCHULTZ

Docket No. 3203.

263 Cal.App.2d 110 (1968)

69 Cal. Rptr. 293

THE PEOPLE, Plaintiff and Appellant, v. KENNETH MURRAY SCHULTZ et al., Defendants and Respondents.

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

June 13, 1968.

Attorney(s) appearing for the Case

Cecil Hicks, District Attorney, and Allan H. Stokke, Deputy District Attorney, for Plaintiff and Appellant.

Jerome Weber and Bernard Mattison for Defendants and Respondents.

COUGHLIN, J.

Plaintiff appeals from an order granting defendants' motion under Penal Code section 995, to set aside an information charging them with the offense of possession of marijuana. The motion was based on the ground the only evidence at the preliminary hearing supporting the charge was the product of an unlawful search and seizure. The search was made without a warrant. Defendants assume it was made as an incident...

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