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TOMPKINS v. SUPERIOR COURT

Docket No. S.F. 21158.

59 Cal.2d 65 (1963)

378 P.2d 113

27 Cal. Rptr. 889

ROBERT G. TOMPKINS, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

January 29, 1963.

Attorney(s) appearing for the Case

George C. Martinez for Petitioner.

No appearance for Respondent.

Stanley Mosk, Attorney General, John S. McInerny and John F. Foran, Deputy Attorneys General, for Real Party in Interest.

TRAYNOR, J.

By information petitioner was charged with possession of marijuana in violation of Health and Safety Code, section 11530. His motion to set aside the information on the ground that the evidence against him was obtained by an illegal search and seizure was denied, and he now seeks prohibition to prevent his trial. (See Badillo v. Superior Court, 46 Cal.2d 269, 271 [294 P.2d 23

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