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ROADS v. SUPERIOR COURT

Docket No. 12284.

275 Cal.App.2d 593 (1969)

80 Cal. Rptr. 169

WAYNE ALBERT ROADS, Petitioner, v. THE SUPERIOR COURT OF SISKIYOU COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

August 14, 1969.

Attorney(s) appearing for the Case

Rutherford & Rutherford, James V. Jones, Sheldon Rutherford and David Kelly for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Edsel W. Haws, Daniel J. Kremer and Peter G. DeMauro, Deputy Attorneys General, for Real Party in Interest.

JANES, J.

Petitioner was indicted by the grand jury on charges of murder (Pen. Code, § 187), possession of narcotics (Health & Saf. Code, § 11500), and possession of narcotics paraphernalia (Health & Saf. Code, § 11555). A motion to set aside the indictment on all counts was made pursuant to Penal Code section 995. Petitioner urged the lack of reasonable or probable cause to support the murder charge and illegal search and seizure in regard...

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