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PEOPLE v. COLEMAN

Docket No. 13748.

258 Cal.App.2d 560 (1968)

65 Cal. Rptr. 732

THE PEOPLE, Plaintiff and Appellant, v. CAROL ANN COLEMAN, Defendant and Respondent.

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

February 1, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Woodruff J. Deem, District Attorney, Ronald H. Gill, Chief Appeals Deputy, and Richard W. Hanawalt, Deputy District Attorney, for Plaintiff and Appellant.

Richard Erwin, Public Defender, and Kenneth Cleaver, Deputy Public Defender, for Defendant and Respondent.

STEPHENS, J.

Defendant was charged by information with violation of Health and Safety Code, section 11530 (possession of marijuana) after a preliminary hearing. Her motion pursuant to section 995 of the Penal Code to set aside the information was granted on the ground that the marijuana had been illegally seized. The appeal is from this ruling.

The facts surrounding the arrest are as follows. At 2:30 a.m. on January 14, 1967, two highway patrolmen while on...

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