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VIRGIL v. SUPERIOR COURT

Docket No. 12026.

268 Cal.App.2d 127 (1968)

73 Cal. Rptr. 793

NOEL WILLIAM VIRGIL et al., Petitioners, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

December 12, 1968.

Attorney(s) appearing for the Case

Boon, Coffield & Burford, Lyle H. Shattuck, and Roland E. Iverson for Petitioners.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edward A. Hinz, Jr., and Edward W. Bergtholdt, Deputy Attorneys General, for Real Party in Interest.

PIERCE, P.J.

Petitioners Virgil, Hinegardner and Leggett were charged in two counts for violation of Health and Safety Code section 11530 — cultivating marijuana (count 1) — and possession of marijuana (count 2). In the trial court they moved to set aside the information pursuant to Penal Code section 995 and to suppress certain evidence pursuant to Penal Code section 1538.5. Both motions were denied. We issued an alternative writ of prohibition and...

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