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PEOPLE v. METZGER

Docket No. 9852.

22 Cal.App.3d 338 (1971)

99 Cal. Rptr. 264

THE PEOPLE, Plaintiff and Appellant, v. MICHAEL HENRY METZGER, Defendant and Respondent.

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

December 23, 1971.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Robert R. Granucci and Jerome C. Utz, Deputy Attorneys General, for Plaintiff and Appellant.

Patrick Sarsfield Hallinan, Hallinan, Rice, Metzger & Hallinan, William O. Weissich, David L. Kelly and Rommel Bondoc for Defendant and Respondent.

OPINION

ELKINGTON, J.

Defendant Michael Metzger was charged with narcotic and other offenses by a grand jury indictment. The evidence on which the indictment was based was seized in his home under authority of a search warrant. The superior court on a Penal Code section 1538.5 motion ordered the evidence suppressed. Concededly insufficient evidence to support a conviction remained; accordingly an order dismissing the action under...

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