O'LEARY

Defendants Michael Vern O’Leary and Arthur Gene Martin were held to answer by a magistrate for trial in the superior court on charges of possession of marijuana for sale (Health & Saf. Code, § 11359) and possession of a tear gas container (Pen. Code, § 12420). Evidence essential to the holding and to any subsequent convictions had been seized by police upon the execution of a search warrant which had been found valid by the magistrate. Thereafter the superior court, on defendants’ motion under Penal Code section 995,-ordered the information which had been filed by the People set aside, for the reason that “there was insufficient legal evidence to hold the defendants to answer; 5?

The People, as permitted by Penal Code section 1238, subdivision (a)(1), have appealed from the order. The issue is whether a police officer’s affidavit, upon which the subject search warrant was based, disclosed probable cause for its issuance according to Fourth Amendment standards.

The parties agree that the factual context alleged in the affidavit is such that the issue is one of first impression. We therefore look to applicable general rules.

“There is no exact formula for the…