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Legal Opinion

People v. Martin

California Court of Appeal

Decided February 10, 1972No. Crim. 9630PublishedCited by 16 opinions

1Opinion of the Court

Opinion

THE COURT.

The People appeal from an order dismissing the information on the ground that respondents were committed without reasonable or probable cause. (Pen. Code, § 995.) Respondents were jointly charged with possession of marijuana. (Health & Saf. Code, § 11530.)

It is axiomatic that in considering the propriety of a motion to set aside an information pursuant to; section 995 of the Penal Code the reviewing court may not substitute its judgment as to the weight of the evidence for that of the committing magistrate. And if there is some evidence in support of the information, the…

2Cases cited14 opinions

  1. Harris v. United StatesSupreme Court of the United States · 1968
  2. Badillo v. Superior CourtCalifornia Supreme Court · 1956
  3. Rideout v. Superior CourtCalifornia Supreme Court · 1967
  4. Perry v. Superior CourtCalifornia Supreme Court · 1962
  5. People v. WalkerCalifornia Court of Appeal · 1969

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People v. TurnerCalifornia Supreme Court · 1994
  2. People v. WebsterCalifornia Supreme Court · 1991
  3. People v. Arturo D.California Supreme Court · 2002
  4. State v. TarasCourt of Appeals of Arizona · 1972
  5. Jackson v. Superior Court of Kern Cty.California Court of Appeal · 1977

11 more not listed; retrieve them via the Exa API.

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