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PEOPLE v. BOONE

Docket No. 15636.

2 Cal.App.3d 66 (1969)

82 Cal. Rptr. 398

THE PEOPLE, Plaintiff and Appellant, v. ANTHONY BAXTER BOONE et al., Defendants and Respondents.

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

November 24, 1969.

Attorney(s) appearing for the Case

COUNSEL

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

Everett E. Ricks, Jr., and Ronald D. Brodsky for Defendants and Respondents.

OPINION

AISO, J.

The three defendants were charged by information with illegal possession of marijuana (Health & Saf. Code, § 11530). Motions to suppress the contraband evidence were made under section 1538.5 of the Penal Code. The trial court granted the motions upon the theory that the police officers had failed to comply with section 844 of the Penal Code in gaining admission to defendants' apartment, and thereafter dismissed...

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