[DOWNLOAD] "People V. Superior Court Of Shasta County" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free

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eBook details

• Title: People V. Superior Court Of Shasta County
• Author : Supreme Court Of California In Bank
• Release Date : January 18, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

SULLIVAN, J. Defendants Gary Wynn Casebeer and Joy Marguerite Marsdin are charged by separate informations in the respondent court with transportation of marijuana (Health & Saf. Code, § 11531) and in an additional count with possession of marijuana (Health & Saf. Code, § 11530). Pursuant to Penal Code section 1538.5 each of said defendants moved to suppress certain evidence alleged to have been unlawfully seized and the respondent court granted their motions. The People then filed in the Court of Appeal, Third Appellate District their petition for a writ of prohibition and mandate restraining the enforcement and commanding the annulment of the lower court's order. (Pen. Code, § 1538.5, subd. (o).) The petition was denied as to defendant Marsdin but granted as to defendant Casebeer, and as to the latter an alternative writ of prohibition and mandate was issued. The People appear to have conceded in the Court of Appeal that there is substantial evidence to support the trial court's determination that a search of defendant Marsdin's purse was unlawful. The Court of Appeal rendered its decision ordering the issuance of a peremptory writ of mandate directing the trial court to vacate its order suppressing evidence insofar as it related to certain marijuana and marijuana smoking equipment seized during the search of the automobile which defendant Casebeer was driving and in which defendant Marsdin was riding. Thereafter on Casebeer's petition we granted a hearing in this court.

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