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PEOPLE v. MARKIN

Docket No. 22938.

34 Cal.App.3d 58 (1973)

109 Cal. Rptr. 609

THE PEOPLE, Plaintiff and Appellant, v. BARRY LEE MARKIN, Defendant and Respondent.

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

August 27, 1973.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo and Martin Stein, Deputy Public Defenders, for Defendant and Respondent.

OPINION

FILES, P.J.

Defendant was charged with possession of hashish in violation of Health and Safety Code section 11530 (now § 11357). The People appeal from an order setting aside the information under Penal Code section 995.

Defendant was picked up by police as he was in Manhattan Beach Boulevard attempting to hitchhike at about 2:20 a.m. on October 23, 1972. "He was stumbling, having great difficulty just maintaining...

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