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PEOPLE v. SCOMA

Docket No. Crim. 12562.

71 Cal.2d 332 (1969)

455 P.2d 419

78 Cal. Rptr. 491

THE PEOPLE, Plaintiff and Appellant, v. GWENDOLYN LEE SCOMA, Defendant and Respondent.

Supreme Court of California. In Bank.

June 18, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Robert R. Granucci and Gloria DeHart, Deputy Attorneys General, for Plaintiff and Appellant.

Sheldon Portman, Public Defender, and Fred S. Lucero, Deputy Public Defender, for Defendant and Respondent.

SULLIVAN, J.

Defendant Gwendolyn Lee Scoma was charged by information with possession of marijuana in violation of section 11530 of the Health and Safety Code. Following arraignment she moved that the information be set aside because she had been held to answer without reasonable and probable cause (Pen. Code, § 995) in that the only evidence against her was obtained through execution of a search warrant based upon an affidavit insufficient on its face.

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