PEOPLE v. UPTON

Docket No. 6276.

257 Cal.App.2d 677 (1968)

65 Cal. Rptr. 103

THE PEOPLE, Plaintiff and Appellant, v. GARTH JON BRIAN UPTON, Defendant and Respondent.

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

January 9, 1968.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Edward P. O'Brien and William D. Stein, Deputy Attorneys General, for Plaintiff and Appellant.

Robert D. Carrow for Defendant and Respondent.


MOLINARI, P.J.

The People appeal from an order setting aside the information charging defendant with possession of marijuana and possession for sale of marijuana (Health & Saf. Code, §§ 11530, 11530.5), following a motion by defendant under Penal Code section 995.

The questions presented are, first, whether the marijuana found in the trunk of the automobile that defendant was driving was the product of an illegal search, and, second, whether...

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