Haywood

In an information filed by the district attorney of Los Angeles County, the above named defendants were charged with the crime of burglary (Pen. Code, § 459).

Defendant Haywood entered his plea of not guilty, which plea was later withdrawn, and a motion was made under Penal Code, section 995, to set aside the information on the ground that defendant had been committed without reasonable or probable cause. The motion was granted and defendant Haywood ordered discharged from custody. From such order the People prosecute this appeal.

Concerning the background of this prosecution, the record reflects that the following is a fair epitome of the evidence presented to the committing magistrate. Ejner Jensen is an assistant superintendent of installations for the Department of Water and Power, City of Los Angeles, and had seen People’s Exhibit 1 for identification, which was an assortment of copper and other materials. The last time he had seen these materials was the latter part of February or the first part of March, 1957, at the department’s patrol station on the corner of Century and Clovis Avenue within the boundaries of Station B in Los Angeles. The materials were inside of a…