Shoemaker

This is an appeal by the People after the granting of respondent’s motion pursuant to Penal Code section 995 to set aside an information charging him with violation of section 11530 of the Health and Safety Code. We reverse the trial court’s judgment of dismissal.

Facts

On August 24, 1970, respondent was ejected from the “Under the Ice House” bar after an argument with the manager. At the manager’s request, one of the employees of the bar called the police.

At approximately 1 a.m., Officers Sorensen and Crill of the Glendale Police Department answered a disturbing the peace call at “Under the Ice House.” When they arrived, they saw respondent sitting on the curb of Brand Boulevard directly in front of that establishment. No crowd had gathered although there were people passing. There was no disturbance. Officer Sorensen approached respondent and spoke to him. Respondent told Sorensen that he had been thrown out of the Ice House. Sorensen asked respondent if he had any identification. Respondent answered that he did not. The officer observed a bulge in respondent’s pocket and asked him if it was a wallet. Respondent answered that it was a wallet and that it belonged to…