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  5. 266 Cal.App.2d 163 (1968)
 

CALL v. SUPERIOR COURT

Docket No. 25776.

266 Cal.App.2d 163 (1968)

71 Cal. Rptr. 546

LEWIS HUGH CALL, Petitioner v. THE SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

September 27, 1968.

Attorney(s) appearing for the Case

Mintz, Giller, Himmelman & Mintz and Lincoln N. Mintz for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Derald E. Granberg and Michael Buzzell, Deputy Attorneys General, for Real Party in Interest.

CHRISTIAN, J.

Having received reliable information from petitioner's landlady that he possessed a dish of marijuana in his house, a deputy sheriff of Humboldt County made an affidavit for a search warrant and presented it to a magistrate at night. [1] The affidavit requested that the warrant authorize a night search. However, the magistrate neglected to indicate in the warrant any decision he may have reached in that regard. He issued a form warrant containing...

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