Grossman

This is a People’s appeal from an order setting aside two counts of an information pursuant to a motion filed under Penal Code section 995. We reverse the judgment.

On February 27, 1970, Deputy Sheriff Bert A. Natisin presented to a magistrate an affidavit in support of a search warrant. The affidavit is concededly sufficient in its statement of probable cause. It requests authority “to search the premises located at . . . 13328 Merkel Ave., Apt. A Paramont [sic]—single family units upper and lower levels and the carport area of apartment A. Steven A. Grossmann [sic] and ‘Cookie’ Grossmann [ire],” together with a described automobile and the persons of the suspects for “Dangerous Drugs—Seconal capsules amphetamine tablets and Marijuana, a narcotic.” The same day the magistrate issued his warrant to search “the premises located and described as 13328 Merkel Ave., Apt. A, Paramont [sic], multi-unit apartment, upper and lower levels, green stucco construction” together with the automobile and the persons of the suspects for “Seconal capsules, Amphetamine tablets and Marijuana in both bulk and loose form.”

At 6 p.m. on February 27, Deputy Sheriffs Ventor and Natisin,…