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PEOPLE v. MURGIA

Docket No. 6578.

43 Cal.App.3d 85 (1974)

117 Cal. Rptr. 564

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH GARCIA MURGIA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 14, 1974.

Attorney(s) appearing for the Case

COUNSEL

Hadley Batchelder and Harold F. Tyvoll, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Alan S. Meth and Steven V. Adler, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THE COURT.*

Joseph Garcia Murgia appeals a judgment based upon a jury verdict convicting him of possessing heroin for sale (Health & Saf. Code, § 11351) and possessing marijuana (Health & Saf. Code, § 11357).

Evidence leading to Murgia's arrest and conviction was seized pursuant to a search warrant which Murgia contends was improperly issued, was not based upon probable...

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