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PEOPLE v. FOSTER

Docket No. 7293.

274 Cal.App.2d 778 (1969)

79 Cal. Rptr. 397

THE PEOPLE, Plaintiff and Appellant, v. MYRA FOSTER et al., Defendants and Respondents.

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

July 14, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch. Attorney General, Robert R. Granucci and Joyce F. Nedde, Deputy Attorneys General, for Plaintiff and Appellant.

Joseph A. Filippelli, Gilbert Eisenberg and Filippelli & Eisenberg for Defendants and Respondents.

ELKINGTON, J.

The People appeal from an order of the superior court dismissing "in furtherance of justice," pursuant to Penal Code section 1385, a criminal action in which defendants were charged with possession of marijuana (a violation of Health and Safety Code section 11530). The dismissal immediately followed, and was based upon, the defendants' successful motion in the same court to suppress the only evidence supporting the charge. The motion to suppress evidence...

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