Castagnola

This is an appeal by the People from an order granting a motion made by defendant pursuant to section 995 of the Penal Code to set aside an information charging a violation of section 11912 of the Health and Safety Code. The order was based upon an alleged lack of compliance with section 861 of the Penal Code which provides that a preliminary examination “must be completed at one session, unless the magistrate, for good cause shown by affidavit, postpone it. The postponement cannot be for more than two days at each time, nor more than six days in all, unless by consent or on motion of the defendant.” We have concluded that the trial court abused its discretion in dismissing the information and the order must be reversed.

The preliminary examination commenced at 10 a.m. on Tuesday, May 18, 1971. The People called Gerald H. Hochman, an employee of the Bureau of Narcotics and Dangerous Drugs of the Department of Justice, as their first witness. Hochman was examined by the People, then by the defense, and then again by the People. Charles Richard Hall, an employee of the Bureau of Narcotics Enforcement of the State of California, was called by the People as their second…