Alford

Petitioner filed a petition for writ of prohibition seeking to restrain respondent court from proceeding to trial against him. An alternative writ was issued by this court restraining respondent court from proceeding to trial on count I of. the information charging petitioner with the sale of narcotics. (Health & Saf. Code, § 11501.)

A motion for discovery of the identity and location of the material witness identified in police reports only as “C.R.I.-007” was filed in the court below. This witness was conceded by the district attorney to be the man who was the actual buyer or cobuyer in the sale alleged. The motion was denied.

Subsequently, at the preliminary hearing, the subject witness appeared and testified under the admitted false name of “Terry Kace.” Petitioner was denied the right to cross-examine the witness as to his true name, identity, home address or location. At the conclusion of the hearing petitioner was held to answer to the superior court where he made a motion to set aside the information under section 995 of the Penal Code. This motion was denied and the instant proceedings seek a review of such denial.

The issue presented is whether the failure of…