PEOPLE v. MURRAY

Docket No. 19864.

21 Cal.App.3d 864 (1971)

99 Cal. Rptr. 55

THE PEOPLE, Plaintiff and Appellant, v. JERRY CALVIN MURRAY, Defendant and Respondent.

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

December 6, 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 Arnold T. Guminski, Deputy District Attorneys, for Plaintiff and Appellant.

Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Respondent.


OPINION

ALLPORT, J.

By information defendant was charged with a violation of Health and Safety Code section 11501 (selling heroin). His motion under Penal Code section 995 was granted and the case dismissed. The People appeal from the order setting aside the information. The appeal lies. (Pen. Code, § 1238, subd. (a)(1).)

At the preliminary hearing Francisco Garcia, a police...

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