California, United States of America
The following excerpt is from People v. Uhlemann, 100 Cal.Rptr. 539, 24 Cal.App.3d 608 (Cal. App. 1972):
Defendant was arrested and charged with selling marijuana. After an extensive preliminary examination, the magistrate dismissed the complaint on the ground that, while there was probable cause to believe defendant had committed the offense charged, he had established the affirmative defense of entrapment. The People then obtained an indictment on which defendant was tried and convicted, but the court granted a new trial and dismissed the action on the basis of Jones v. Superior Court (1971) 4 Cal.3d 660, 94 Cal.Rptr. 289, 483 P.2d 1241, which was decided shortly after defendant's trial.
The People's sole contention on appeal is that the rule of Jones v. Superior Court, supra, does not compel the result reached by the trial court in dismissing the action. The contention is correct.
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