Thornton

The grand jury indicted Michael John Thornton, Ronald Lee Walker, Robert Michael Turner and Randal Lee Pelton for possessing marijuana (Health & Saf. Code, § 11530) and for knowingly visiting a place where people were unlawfully smoking and using narcotics (Health & Saf. Code, § 11556). The district attorney had previously filed an information against the defendants charging the same offenses plus charges of contributing to the delinquency of a minor. The magistrate at the preliminary examination on the information did not bind defendants over for trial. The district attorney then sought and secured the indictment.

Defendants moved to set aside the indictment (Pen. Code, § 995) and to suppress the marijuana evidence (Pen. Code, § 1538.5), The motion to set aside the indictment was submitted on the transcript of the grand jury proceedings and denied. The motion to suppress evidence was submitted on the transcript of the preliminary examination in which the magistrate did not bind the case over, as well as the transcript of the grand jury proceedings. The court ruled the search which disclosed marijuana in the house where defendants were situated was an illegal search…