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PEOPLE v. SUPERIOR COURT

Docket No. 41653.

31 Cal.App.3d 788 (1973)

107 Cal. Rptr. 756

THE PEOPLE, Petitioner v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FRED HARVEY FALL et al., Real Parties in Interest.

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

April 23, 1973.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim and Robert J. Lord, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Fred De Luca, Jr., Samuel B. Picone, Bruce J. Brothers and David W. Kwan for Real Parties in Interest.

OPINION

COMPTON, J.

Pursuant to subdivision (o) of Penal Code section 1538.5, the People petition for a writ of mandate to require the superior court to set aside its order suppressing the use as evidence of a quantity of marijuana and peyote taken in execution of a search warrant.

The pertinent portion of the affidavit of Sergeant Weir of the Los Angeles Police Department, which served as a basis for the issuance of the search...

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