Sackett

—Defendant appeals following jury conviction of a violation of Penal Code, section 12021. (Possession of firearm by a felon.)

The preliminary examination in this matter was held on March 18, 1964 and, at the conclusion thereof, defendant was held to answer. Defendant thereafter moved the superior court to set aside the information under the provisions of Penal Code, section 995. This motion was granted by order of court made on April 24,1964.

The People appealed from said order and, on February 9, 1965, it was reversed by the Court of Appeal. (1 Grim. No. 4650.) The opinion (unpublished) was written by Presiding Justice Draper. The sole issue was whether the gun found on defendant’s person was the product of an illegal search. The opinion concluded: ‘ ‘ There is no basis for the claim of illegal search or seizure. ’ ’

The sole issue on the instant appeal is the same as that decided on the former appeal. The evidence introduced at the trial is substantially the same as that introduced at the preliminary hearing except that the trial evidence is much more detailed and all three police officers testified, whereas only the first officer at the scene (Peterson) testified at the…