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PEOPLE v. SMITH

Docket Nos. 2422, 2440.

67 Cal.App.3d 638 (1977)

136 Cal. Rptr. 764

THE PEOPLE, Plaintiff and Respondent, v. STUART SPENCE SMITH, JR., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. PATRICK O'NEILL, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. HUBBARD WILLIAM SHAWHAN, JR., Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 28, 1977.

Attorney(s) appearing for the Case

COUNSEL

Nielsen, Hales & Hayden, Leon L. Anderson, Rose & Dettmer, Ronald W. Rose, Thomas H. Dettmer, Michael Stepanian and Rommel Bondoc for Defendants and Appellants.

Charles C. Marson, Margaret C. Crosby, Alan L. Schlosser and Donald Glasrud as Amici Curiae on behalf of Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack W. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Robert D. Marshall and Paul V. Bishop, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARGANO, J.

In February 1975 the Grand Jury of Tuolumne County returned indictments in the superior court of that county charging appellants Stuart Smith, Patrick O'Neill and Hubbard Shawhan with a conspiracy to transport marijuana and to possess marijuana for sale (Pen. Code, § 182, subd. 1; Health & Saf. Code, §§ 11359, 11360). In addition, Smith and O'Neill were charged with transporting marijuana and...

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