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PEOPLE v. SMITH

Docket No. Crim. 16137.

7 Cal.3d 282 (1972)

496 P.2d 1261

101 Cal. Rptr. 893

THE PEOPLE, Plaintiff and Appellant, v. EDWARD T. SMITH et al., Defendants and Respondents.

Supreme Court of California. In Bank.

May 23, 1972.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Robert R. Granucci and Thomas A. Brady, Deputy Attorneys General, for Plaintiff and Appellant.

George W. Luke, under appointment by the Supreme Court, for Defendants and Respondents.

OPINION

MOSK, J.

Defendants Edward T. Smith and Sammie A. Blinn were charged with unlawful possession of marijuana. (Health & Saf. Code, § 11530.) Their motion to suppress the evidence on the ground of illegal search and seizure (Pen. Code, § 1538.5) was granted, and the information was ordered dismissed (Pen. Code, § 1385). The People appeal. (Pen. Code, § 1238, subds...

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