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PEOPLE v. NUNN

Docket No. 13661.

264 Cal.App.2d 919 (1968)

70 Cal. Rptr. 869

THE PEOPLE, Plaintiff and Appellant, v. RONALD STEVEN NUNN, Defendant and Respondent.

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

August 14, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

S. Cianchetti for Defendant and Respondent.

MOSS, J.

By information defendant was charged with possessing marijuana in violation of Health and Safety Code, section 11530. His motion to set aside the information was granted on the ground that the marijuana was found on defendant's person as the result of an illegal search and seizure.

[1] Where evidence before the committing magistrate on the issue of the legality of a search and seizure is susceptible of conflicting inferences or consists...

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