Bouchard

On February 6,1957, the District Attorney of Los Angeles County filed an information charging defendant with a violation of the Dangerous Weapons’ Control Law (Pen. Code, § 12020) in that defendant had in his possession metal knuckles, or as commonly referred to, brass knuckles.

When the cause was called for plea in the superior court, defendant made a motion pursuant to section 995 of the Penal Code on the ground “That there was an illegal search and seizure, Your Honor; that there was no information on which to base probable cause. ...” The motion was granted and the People appeal therefrom.

As to the evidentiary features of this case when it was presented to the committing magistrate, the record reflects that Officer R. E. Byron testified he was a Los Angeles city police officer assigned to the Robbery Division, and one of the arresting officers. That the arrest occurred on January 16, 1957, in Room 17 of a hotel in the city of Los Angeles. The officer testified that prior to going to the room he had received information that two roommates of defendant had been identified as participants in a robbery and had been arrested; that defendant was not present at the time of his…