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PEOPLE v. LOPEZ

Docket No. 14659.

269 Cal.App.2d 461 (1968)

74 Cal. Rptr. 740

THE PEOPLE, Plaintiff and Appellant, v. ANTONIO MARTIN LOPEZ et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

February 5, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Plaintiff and Appellant.

Stephen I. Zetterberg, and H. George Taylor, under appointments by the Court of Appeal, Zetterberg & George, Lawrence C. George, Richard S. Buckley, Public Defender, Thomas Patterson, John J. Gibbons, and James L. McCormick, Deputy Public Defenders, and Jackson S. Niebrugge for Defendants and Respondents.

HERNDON, J.

Respondents Lopez, Marquez, Rodriguez and Ortega were charged with possession of heroin. At the conclusion of the preliminary examination the magistrate held them to answer. [1] Their subsequent motion to set aside the information under Penal Code section 995 was granted. The People have appealed from this order. We have concluded that the order must be reversed.

The evidence presented to the committing magistrate establishes that...

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