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HOUSER v. GEARY

No. 71-2668.

465 F.2d 193 (1972)

Christopher Michael HOUSER and Forrest Susan Grubb, Plaintiffs-Appellees, v. James GEARY, Sheriff of County of Santa Clara, etc., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 21, 1972.

Attorney(s) appearing for the Case

Michael Buzzell, Deputy Atty. Gen. (argued), John T. Murphy, Deputy Atty. Gen., Evelle J. Younger, Atty. Gen., San Francisco, Cal., for defendants-appellants.

Paul K. Robertson (argued), of Robertson & Hand, Palo Alto, Cal., for plaintiffs-appellees.

Before DUNIWAY and CARTER, Circuit Judges, and MURRAY, District Judge.

DUNIWAY, Circuit Judge:

Habeas corpus. The District Court issued the writ and respondent custodian appeals. We reverse.

Houser was charged in the California Superior Court with possession of and planting and cultivating marijuana (Cal.Health & Safety Code §§ 11530, 11530.1). He originally pled not guilty and moved to set aside the information and to suppress the evidence found in and on the premises where he resided. (Cal.Pen.C. §§...

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