PEOPLE v. SUPERIOR COURT

Docket Nos. 33449, 15546.

271 Cal.App.2d 338 (1969)

76 Cal. Rptr. 712

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; DOUGLAS BRUCE MAC LACHLIN, Real Party in Interest. THE PEOPLE, Plaintiff and Appellant, v. DOUGLAS BRUCE MAC LACHLIN, Defendant and Respondent.

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

April 1, 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 Harry B. Sondheim, Deputy District Attorneys, for Petitioner and Plaintiff and Appellant.

No appearance for Respondent.

Bruce M. Margolin for Real Party in Interest and Defendant and Respondent.


LILLIE, J.

Defendant was charged by information with possession of marijuana (§ 11530, Health & Saf. Code); after arraignment he made dual motions — to suppress the evidence (§ 1538.5, Pen. Code) and to dismiss (§ 995, Pen. Code). At a special hearing on June 18, 1968, both motions were heard at the same time on the transcript of the testimony taken at the preliminary hearing, and granted....

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