PEOPLE v. IOCCA

Docket No. 11764.

37 Cal.App.3d 73 (1974)

112 Cal. Rptr. 102

THE PEOPLE, Plaintiff and Appellant, v. DONALD L. IOCCA et al., Defendants and Respondents.

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

January 31, 1974.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Robert R. Granucci and Jerome C. Utz, Deputy Attorneys General, for Plaintiff and Appellant.

Thomas A. Purtell and Roger L. Gambatese for Defendants and Respondents.


OPINION

TAYLOR, P.J.

This is an appeal by the People from an order granting defendants' motion to set aside the information (Pen. Code, § 995) on grounds that the preliminary hearing magistrate abused his discretion by denying a continuance to permit defendants to look for and produce the informer-participant to substantiate their entrapment defense. The appeal raises a question of first impression as to whether Penal Code section...

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