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PEOPLE v. FLEMMINGS

Docket No. 22420.

34 Cal.App.3d 63 (1973)

109 Cal. Rptr. 661

THE PEOPLE, Plaintiff and Appellant, v. EUGENE AUGUSTUS FLEMMINGS, Defendant and Respondent.

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

August 28, 1973.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo, Allen Adashek and Richard A. Curtis, Deputy Public Defenders, for Defendant and Respondent.

OPINION

FILES, P.J.

By information defendant was charged with possession of heroin for sale (Health & Saf. Code, § 11500.5, now § 11351). Upon a motion made under Penal Code section 995, the superior court set aside the information upon the ground that the defendant had not been legally committed by a magistrate.

The People are appealing from that order.

The basis of the superior court's ruling was that...

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