Legal Opinion

People v. McFarren

California Court of Appeal

Decided November 21, 1957No. Crim. 3416PublishedCited by 11 opinions

1Opinion of the CourtDraper, J.

The People appeal from an order dismissing the information. Respondent was charged with possession and transportation of marijuana. The motion to dismiss (Pen. Code, § 995) was based wholly upon the ground that the marijuana introduced at the preliminary examination was found in a search of respondent’s automobile made without reasonable or probable cause.

No objection of any kind was made to the introduction of this marijuana in evidence. Thus respondent waived his right to assert that the narcotic was inadmissible because illegally obtained (Robison v. Superior Court, 49 Cal.2d 186 [316 P.2d…

2Cases cited2 opinions

  1. Robison v. Superior Court of the City & County of San FranciscoCalifornia Supreme Court · 1957
  2. People v. Molarius (1956)California Court of Appeal · 1956

3Cited by11 opinions

  1. Lawrence E. Wilson, Warden v. William Eugene PorterCourt of Appeals for the Ninth Circuit · 1966
  2. People v. SpicerCalifornia Court of Appeal · 1958
  3. Mardis v. Superior CourtCalifornia Court of Appeal · 1963
  4. People v. LindenCalifornia Court of Appeal · 1960
  5. People v. SchultzCalifornia Court of Appeal · 1968

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