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PEOPLE v. SUPERIOR COURT

Docket No. 25980.

266 Cal.App.2d 685 (1968)

72 Cal. Rptr. 261

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent; SCOTT MILLEN ENGLISH et al., Real Parties in Interest.

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

October 22, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Derald E. Granberg and Clifford Thompson, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Jerrold Levitin for Real Parties in Interest.

SHOEMAKER, P.J.

Petitioner, the People of the State of California, seeks writ of mandate pursuant to Penal Code, section 1538.5, subdivision (o). The sole question is whether respondent correctly granted real parties in interest's motion to suppress evidence.

On the afternoon of November 8, 1967, California Highway Patrol Officers Subberra and Coon were on duty in the vicinity of Garberville. From their patrol car they observed

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