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PEOPLE v. SANDERS

Docket No. 6773.

268 Cal.App.2d 802 (1969)

74 Cal. Rptr. 350

THE PEOPLE, Plaintiff and Respondent, v. RICHARD C. SANDERS, Defendant and Appellant.

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

January 15, 1969.

Attorney(s) appearing for the Case

Gilbert T. Graham, under appointment by the Court of Appeal, Peter E. Sitkin, Arthur M. Schaffer, Steven J. Antler and Sidney M. Wolinsky for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Timothy G. Laddish, Deputy Attorneys General, for Plaintiff and Respondent.

ELKINGTON, J.

This is another case dealing with the use of force in extracting evidence from the mouth of a narcotic suspect. The appeal is from an order denying defendant Sanders' motion for a new trial prior to his commitment for narcotic addiction. (See Pen. Code, § 1237, subd. 2, repealed since the filing of the instant notice of appeal.)

Two police officers were properly in a hotel room making a narcotic arrest. Responding to a knock, one of the...

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