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PEOPLE v. COX

Docket No. 15144.

274 Cal.App.2d 816 (1969)

79 Cal. Rptr. 541

THE PEOPLE, Plaintiff and Appellant, v. KENNETH CALVIN COX et al., Defendants and Respondents.

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

July 16, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

Thomas D. Griffin, under appointment by the Court of Appeal, Richard S. Buckley, Public Defender, John R. Kronenberg and James L. McCormick, Deputy Public Defenders, Allen, Wilson & George and Edward P. George for Defendants and Respondents.

KINGSLEY, J.

The People appeal, under subdivision (7) of section 1238 of the Penal Code, from an order dismissing a prosecution for narcotic violation after the court, on the motion of defendants, had made an order under section 1538.5 of that code suppressing certain evidence. We affirm the order.

For reasons discussed below, if the order under section 1538.5 was properly made, a right to a dismissal of the...

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