PEOPLE v. O'LEARY

Docket No. 16074.

70 Cal.App.3d 323 (1977)

138 Cal. Rptr. 667

THE PEOPLE, Plaintiff and Appellant, v. MICHAEL VERN O'LEARY et al., Defendants and Respondents.

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

June 2, 1977.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Sanford Svetcov, Deputy Attorneys General, for Plaintiff and Appellant.

James C. Hooley, Public Defender, Anne Harris and Robert H. Betzenderfor, Assistant Public Defenders, and Allan Hymer for Defendants and Respondents.


OPINION

ELKINGTON, J.

Defendants Michael Vern O'Leary and Arthur Gene Martin were held to answer by a magistrate for trial in the superior court on charges of possession of marijuana for sale (Health & Saf. Code, § 11359) and possession of a tear gas container (Pen. Code, § 12420). Evidence essential to the holding and to any subsequent convictions had been seized by police...

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