Aylwin

People v. Aylwin

Good Law
107 Cal. Rptr. 824·1973 Cal. App. LEXIS 1113·31 Cal. App. 3d 826
Court of Appeal of CaliforniaApril 12, 1973Crim. 9845California5,997 words

Opinion

Opinion

Devine, J.

Michael Blanchard Aylwin, Timothy William Butler, and Craig Burns Champie appeal from a judgment entered on a jury verdict which found them guilty of violation of Penal Code section 182 (conspiracy to manufacture lysergic acid [LSD]), violation of Health and Safety Code section 11910 (possession of LSD), and violation of Health and Safety Code section 11912. The section 11912 charge was manufacture of LSD, but the jury found appellants guilty of attempt to manufacture the forbidden drug.

The case is primarily one of that species of search and seizure cases which comprise the subject of fruit of the poisonous tree. It is convenient to commence with the time when the fruit was plucked. That the defendants are guilty of the offenses, if the fruit was not infected by organisms within the tree, is not open to doubt. They were running a full-fledged factory for the manufacture of LSD at 212 South MacPherson Street, Fort Bragg, Mendocino County, at the date of their arrest, June 16, 1970. Apparently because of the size of the operation, some 15 to 20' police officers surrounded the rented house at 212 South MacPherson Street. Upon entry, the officers found a large number of…

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