JACOBS v. SUPERIOR COURT

Docket No. 2100.

36 Cal.App.3d 489 (1973)

111 Cal. Rptr. 449

JONATHON LAWRENCE JACOBS, Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

December 31, 1973.


Attorney(s) appearing for the Case

COUNSEL

Badger, Mower & Watson and James P. Mower for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Assistant Attorneys General, Doris H. Maier, Assistant Attorney General, Charles P. Just, Janice Hayes, and Arnold O. Overoye, Deputy Attorneys General, for Real Party in Interest.


OPINION

BROWN (G.A.), P.J.

This cause is before us on a petition for a writ of mandamus filed pursuant to Penal Code section 1538.5 after petitioner's motion to suppress was denied by the trial court. He is charged with violating Health and Safety Code section 11357 (possession of marijuana). The evidence he seeks to suppress is that which a police officer visualized and the fruits thereof when the officer peeked through an aperture...

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