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CUNHA v. SUPERIOR COURT

Docket No. S.F. 22710.

2 Cal.3d 352 (1970)

466 P.2d 704

85 Cal. Rptr. 160

KENNETH A. CUNHA, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

April 2, 1970.

Attorney(s) appearing for the Case

COUNSEL

John D. Nunes, Public Defender, Andre T. La Borde and John Matzger, Assistant Public Defenders, for Petitioner.

Thomas C. Lynch, Attorney General, Derald E. Granberg and John F. Henning, Jr., Deputy Attorneys General, for Respondent and Real Party in Interest.

OPINION

PETERS, J.

Petitioner was charged with possession of heroin. (Health & Saf. Code, § 11500.) The superior court denied his motion to dismiss the information (Pen. Code, § 995), and we issued an alternative writ of prohibtion.

At 4:25 p.m. on July 23, 1969, Officers Lipgens and McCarthy of the Berkeley Police Department took seats at a window of a hot dog stand located between Telegraph Avenue and People...

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