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PEOPLE v. ABBOTT

Docket No. 7737.

3 Cal.App.3d 966 (1970)

84 Cal. Rptr. 40

THE PEOPLE, Plaintiff and Appellant, v. THOMAS G. ABBOTT, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

January 28, 1970.

Attorney(s) appearing for the Case

COUNSEL

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

Edward T. Mancuso, Public Defender, and Charles G. Warner, Deputy Public Defender, for Defendant and Respondent.

OPINION

CHRISTIAN, J.

The People appeal from an order setting aside an information which charged respondent Thomas G. Abbott with possession of of marijuana (Health & Saf. Code, § 11530). The question is whether the marijuana which was discovered in Abbott's possession was disclosed as the result of an unlawful assertion of police authority. The Attorney General's brief contains an accurate summary of the evidence heard at...

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