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PEOPLE v. SMITH

Docket No. 18736.

17 Cal.App.3d 604 (1971)

95 Cal. Rptr. 229

THE PEOPLE, Plaintiff and Appellant, v. DELBERT GENE SMITH, Defendant and Respondent.

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

May 18, 1971.

Attorney(s) appearing for the Case

COUNSEL

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

Richard S. Buckley, Public Defender, James L. McCormick, David LaFaille and Arthur L. Ros Rolston, Deputy Public Defenders, for Defendant and Respondent.

OPINION

KINGSLEY, J.

The People appeal, pursuant to subdivision (7) of section 1238 of the Penal Code, from an order dismissing a prosecution after an order, pursuant to section 1538.5 of that code, suppressing certain evidence.1 We affirm the order.

Police officers, on routine patrol, in the early morning hours, observed defendant and a man named...

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