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PEOPLE v. SUPERIOR COURT

Docket No. 994.

264 Cal.App.2d 165 (1968)

70 Cal. Rptr. 362

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MERCED COUNTY, Respondent; GREGORY FRANKLIN GAFFNEY, Real Party in Interest.

Court of Appeals of California, Fifth District.

July 18, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Jack R. Winkler, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

John W. Ellery, Public Defender, for Real Party in Interest.

CONLEY, P.J.

This petition for a writ of prohibition and mandate, pursuant to the provisions of section 1538.5, subdivision (o), of the Penal Code, seeks to set aside an order of the Superior Court of Merced County suppressing evidence relative to counts I and II of an information charging breach of the law concerning the possession of marijuana and of marijuana plants. The trial court made such an order of suppression relative to the two charges, and the prosecuting...

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