PEOPLE v. BLOCK

Docket No. Crim. 15575.

6 Cal.3d 239 (1971)

499 P.2d 961

103 Cal. Rptr. 281

THE PEOPLE, Plaintiff and Appellant, v. FRANK MICHAEL BLOCK, Defendant and Respondent.

Supreme Court of California. In Bank.

December 7, 1971.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, Joseph P. Busch, Jr., District Attorney, Harry Wood and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

Howard E. Lowe and Dennis Shapiro for Defendant and Respondent.


OPINION

BURKE, J.

Defendant was charged by information with felonious possession of marijuana (Health & Saf. Code, § 11530) and with being in a place where narcotics are smoked or used, a misdemeanor (Health & Saf. Code, § 11556). Defendant's motion to set aside the information pursuant to Penal Code section 995 was granted by the superior court on the theory that the evidence against defendant on the felony charge...

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