PEOPLE v. SHOEMAKER

Docket No. 19262.

16 Cal.App.3d 316 (1971)

93 Cal. Rptr. 921

THE PEOPLE, Plaintiff and Appellant, v. EDWARD ROBERT SHOEMAKER, Defendant and Respondent.

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

March 29, 1971.


Attorney(s) appearing for the Case

COUNSEL

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

Richard S. Buckley, Public Defender, James L. McCormick, David Vinje and Edward Van Gelder, Deputy Public Defenders, for Defendant and Respondent.


OPINION

THOMPSON, J.

This is an appeal by the People after the granting of respondent's motion pursuant to Penal Code section 995 to set aside an information charging him with violation of section 11530 of the Health and Safety Code. We reverse the trial court's judgment of dismissal.

Facts

On August 24, 1970, respondent was ejected from the "Under the Ice House" bar after an argument with the manager. At...

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