Barajas

After a preliminary hearing the district attorney, on February 27, 1970, filed an information in the respondent court charging the petitioners Mercado and Barajas jointly with possession of Benzedrine and Seconal for sale (Health & Saf. Code, § 11911—count II) and possession of marijuana (Health & Saf. Code, § 11530—count III). Mercado and one Bohl, who is not involved in this proceeding, were charged with selling, furnishing and giving away Seconal (Health & Saf. Code, § 11912—count I), Barajas alone was charged with possession of Benzedrine (Health & Saf. Code, § 11910—count IV). A motion to set aside the information, made pursuant to section 995 of the Penal Code was denied and petitioners then applied to this court for a writ of prohibition. (Pen. Code, § 999a.) We issued an alternative writ.

Facts

At 8:35 p.m. on January 29, 1970, State Narcotic Agent Fleischer who was in the company of an informer, had a conversation with Bohl outside Big John’s Pizza Parlor in Long Beach. After the conversation Bohl left in his car and drove to a single family residence at 245 LaVerne, followed and observed by Officer Gath of the Long Beach police. He entered and five minutes…