Frazzini

Petitioner (hereinafter defendant) is charged by information with violation of section 11910 of the Health and Safety Code (unlawful possession of restricted dangerous drugs). His motion to set aside the information (Pen. Code, § 995), was denied and he seeks a writ of prohibition to restrain respondent court from proceeding further against him on the information. (Pen, Code, § 999a.)

Defendant contends (1) that the search of a cabin in which contraband was found was made pursuant to a search warrant issued upon an affidavit lacking sufficient facts to establish probable cause to support its issuance; and (2) that, in any event, insufficient evidence was presented at the preliminary hearing to prove that defendant had actual or constructive possession of the contraband.

The Facts

At approximately 9 p.m. on May 12, 1969, law enforcement personnel went to apartment #1 of McMurry’s Apartments near Highway 395 in Bishop for the purpose of executing a search warrant issued that same day by the Northern Inyo Justice Court on the application of Raymond L. Riley, an investigator for the Inyo County district attorney’s office. The search warrant commanded an immediate search of…